Terms of Use

Welcome to Greet&Green These Terms of Use (“Terms”) apply to your (“you” or “your”) use of Greet&Green’s visual communication platform (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and the Greet&Green Contracting Entity identified in these Terms (“Greet&Green”).

 

Overview

Greet&Green is a visual communications platform that empowers people to design virtually anything, like greeting cards (each a “Design”). When you use the Service, you’ll have access to a variety of content provided by Greet&Green and other content providers to use in your designs (“Licensed Content”). Your use of the Licensed Content is subject to the Content License Agreement. You also have the option to upload your own content (“User Content”) which you have full control and responsibility over. You can use Licensed Content, your User Content, and tools available in Greet&Green to design whatever you like.

The Service is made available on greetandgreen.com, Greet&Green mobile apps, Greet&Green desktop applications, and in other forms provided or made available by Greet&Green. Your use of the Service is subject to these Terms and Greet&Green’s Acceptable Use Policy. By using the Service you acknowledge Greet&Green’s Privacy Policy.

You may use the Service only if you can form a binding contract with Greet&Green and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.

If you sign up for the Service on behalf of an organization using an email address provided by your employer or another organization, (i) you represent and warrant that you are an authorized representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and that entity.

Our Greet&Green for Teams plan is intended for teams, businesses and organizations of all sizes who want to work and design together. If you create a Team on behalf of an organization or employer, you are binding them to these Terms and all the obligations set out in them. If they haven’t authorized you to do this, you’ll need someone who is authorized to create the Team.

Using the Service

Age Requirement. Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located). 

Access to the Service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. Greet&Green reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account.

Acceptable Use Policy. Your use of the Service, your User Content, and your Designs, must comply with Greet&Green’s Acceptable Use Policy.

Anti-discrimination. Greet&Green does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.

Restrictions on Use of the Service. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; or (viii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.

Security and Data Privacy

Information Security. Greet&Green implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure.

Data Privacy. Greet&Green’s Privacy Policy describes how Greet&Green collects, uses, transfers, discloses and stores your personal data. By creating a Greet&Green for Teams account, you confirm that you have read, understood and agree to our Data Processing Addendum in full, and that the Data Processing Addendum shall be incorporated into these Terms to the extent Personal Data subject to the Applicable Data Laws (as defined in the Data Processing Addendum) is processed in your use of the Service. In the event of any conflict between these Terms and the Data Processing Addendum, the Data Processing Addendum shall prevail.

If you have a Greet&Green for Teams account, we act as a "Data Processor" under laws like the GDPR because you make the decisions about the personal data in your account and we are processing that data on your behalf. The Data Processing Addendum governs our relationship as it relates to that personal data.

Content and Designs

User Content. You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and Greet&Green, you own all right, title and interest in and to your User Content. You grant Greet&Green, a royalty-free license to display, host, copy and use your User Content solely to the extent necessary to provide the Service to you.

When you upload content to Greet&Green, you’re guaranteeing that you have the rights to it. We never obtain any ownership over your content, but we do need you to give us certain rights to store it and have it ready for you to use in your designs.

Licensed Content. You may use Licensed Content in connection with the Service. The use of Licensed Content is subject to additional license rights and restrictions set forth in the Content License Agreement. The applicable license rights and restrictions vary depending on the type and source of the Licensed Content. You can determine which Content License Terms apply by hovering over the item of Licensed Content and clicking on the info icon.

We make a variety of content available for you to use in your designs. Certain restrictions apply to how you can use that content and what you can do with the designs you include that content in. The restrictions vary based on the type and source of the content.

Designs. Your Designs may include a combination of User Content and Licensed Content. While you retain ownership of your User Content, any use of Designs containing Licensed Content are subject to the applicable terms of the Content License Agreement.

We never own your designs, but there may be certain restrictions depending on the types of Greet&Green-provided content you’ve included in your designs.

Sharing and Publishing Your Designs. You may publish or share Designs with others within the Service, via a Third Party Service, or via a link. Greet&Green maintains no responsibility in relation to such sharing of Designs and Greet&Green’s enablement of such activity or the Service’s performance of actions to publicly share Designs at your instruction shall not be considered a violation of any of Greet&Green’s obligations under these Terms.

Printing your Designs. You can use the Service to print your Designs (only available in certain locations). Print orders are subject to additional fees and taxes as specified when you place a print order. Print services are provided by third party print partners who are responsible for completing, delivering or otherwise making available print orders. You can choose to have your print order delivered to you or to pick it up at one of our partners’ locations (subject to availability in your area). Print orders may be affected by circumstances outside of Greet&Green’s control. Delivery times are only estimates which Greet&Green cannot guarantee. Unfortunately, we’re unable to provide refunds for errors made by you or if you just change your mind about a print order.

Billing

Greet&Green offers a free and paid Service. You can learn more about Greet&Green’s various subscription offerings here. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase. If you are on a Greet&Green for Teams plan, the Team Owner will be billed for and is responsible for payment of subscription fees.

Taxes. Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with Greet&Green, within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.

Cancellation. You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.

Changes to Pricing. Greet&Green reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

Greet&Green’s Intellectual Property

Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of Greet&Green and its licensors. You assign to Greet&Green any suggestions, ideas, enhancement requests, or other feedback you provide to Greet&Green relating to the Service or Greet&Green’s products. Greet&Green owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.

Warranty Disclaimer. The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, Greet&Green, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Greet&Green does not warrant that your use of the Service will be uninterrupted or error-free. Greet&Green does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that Greet&Green does not own, operate, or control, and that Greet&Green is not responsible for any of your data lost, altered, intercepted or stored across such networks. Greet&Green will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside Greet&Green’s reasonable control.

We offer the Service as-is and can’t be responsible for things outside of our control.

Third Party Services.

You may elect to use the Service in conjunction with third-party websites, platforms or apps (including, but not limited to, those available at greetandgreen.com/apps) (“Third Party Service(s)”). Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. Greet&Green makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.

Your Indemnity Obligations

You agree, to the extent permitted by law, to defend, indemnify and hold harmless Greet&Green and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.

If Greet&Green suffers harm due to your content or your violation of these Terms, or if someone tries to hold Greet&Green responsible for your content or your violations, you’ll be responsible for any costs incurred by Greet&Green and defending Greet&Green.

Data deletion request

You can request the deletion of your personal data at any time by contacting us at data-deletion [at] greetandgreen [dot] com.

Limitation of Liability

In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 USD or (ii) the subscription fees paid by you to Greet&Green during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’

In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’

These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.

Term and Termination

Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using Greet&Green’s free offering, when your account is deleted or terminated.

Violations. If Greet&Green, in its sole discretion, determines that you or your use of the Service, your User Content, or your Designs violate these Terms, including but not limited to, Greet&Green’s Acceptable Use Policy, the Section entitled ‘Restrictions on Use of the Service,” or the Section entitled “Anti-discrimination,” (any of which is considered a “Violation”) Greet&Green may take one or more of the following actions in its sole discretion: (i) delete the prohibited User Content or Designs; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Designs and User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content or Designs to appropriate government authorities.

If you break the rules, we have the right to remove you and everything in your account from the Service.

Effect of Termination. In the event of termination of your subscription for cause due to default by Greet&Green, Greet&Green shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.

Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Designs, User Content, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. Unless your account was terminated due to a Violation, you can download or export your User Content and Designs using the functionality of the Service prior to the expiration or termination of your subscription. If your account has been terminated due to a Violation, you may not create a new account on any Greet&Green Service unless you receive Greet&Green’s written permission.

Survival of Terms. Sections titled “Term and Termination,” “Billing,” “Greet&Green’s Intellectual Property,” “Limitation of Liability,” “Indemnification,”and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.

Miscellaneous

Compliance with Applicable Law. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. Greet&Green agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.

Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Jerusalem, Israel  and the parties consent to exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded in its entirety from application to these Terms.

Export Restrictions. The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit Greet&Green from providing you the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.

Dispute Resolution. If you have a dispute arising out of these Terms, contact us here and we’ll attempt to work with you to resolve the dispute. If we’re unable to resolve a dispute, you and Greet&Green each agree to resolve any claim, dispute, or controversy (excluding any Greet&Green claims for injunctive or other equitable relief) arising out of or in connection with these Terms (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and Greet&Green agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Greet&Green are each waiving the right to a trial by jury or to participate in a class action.

Greet&Green Contracting Entity. The Greet&Green entity contracting with you under these Terms and the address to which you should send legal notices depend on where your billing address.

• The Greet&Green entity entering into these Terms is Greet&Green Invitations LTD

• Legal notices should be sent to Kassuto 15 Jerusalem, Israel.

Assignment.You may not assign these Terms or any of your rights under these Terms without Greet&Green’s consent except to any successor by way of a merger, acquisition, or change of control. Greet&Green may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.

Headings and Explanations. Headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.

Severability. If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.

Waiver. Greet&Green’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect Greet&Green’s ability to enforce any provision thereafter.

Notices. All required notices to you will be sent to the email address associated with your account or through other legally permissible means.

Changes to these Terms. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on greetandgreen.com. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.

Changes to the Service. Greet&Green may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and Greet&Green discontinues the Service you are using during your subscription, Greet&Green will migrate or make available to you a substantially similar service provided by Greet&Green (if available) and if it’s unable to do so, Greet&Green will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.

Entire Agreement. These Terms and the terms and policies referenced herein constitute the entire agreement between you and Greet&Green with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and Greet&Green, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.