Terms of Service

1. Scope and who we are

These Terms of Service ("Terms") govern the purchase and use of personalised digital rose cards ("Card") offered through rosenote.live by RoseNote ("we", "us", "our"). Placing an order constitutes acceptance of these Terms in full. Our Privacy Policy describes how we collect and process personal data and is incorporated into these Terms by reference. The service is directed to customers worldwide purchasing for personal, non-business use. Where your local law grants mandatory consumer protections that cannot be waived by agreement, those protections apply in addition to these Terms to the extent required by that law.

2. Eligibility

By placing an order, you represent that you are at least 18 years old, or the age of majority in your jurisdiction if higher, and have the legal capacity to enter into this contract. You also represent that you are not located in, and will not use the service from, a country or region subject to comprehensive trade sanctions under applicable export control laws, and that you are not on any restricted party list.

3. Orders

Orders are placed through an online form. You must provide complete and accurate data required to create the Card. A contract is formed when we send order confirmation to the email address you provided. We may refuse an order if the content violates applicable law, good customs, or third-party rights, or in case of suspected payment fraud; any payment made is refunded through Polar. The price shown at checkout is the final price, including applicable taxes, which are collected and remitted by Polar as Merchant of Record.

4. Payment (Polar.sh)

Payments are one-time and in advance, processed through Polar.sh ("Polar"). Polar acts as the Merchant of Record — acting as the reseller of the Card and handling payment processing and global sales tax (such as VAT, GST, and US sales tax) on the transaction. Your purchase is additionally subject to Polar's own terms and privacy policy, available at polar.sh. We never receive, store, or process full payment card data — that is handled exclusively by Polar and its payment providers. Fulfilment begins once Polar confirms payment, and refunds are processed by Polar to the original payment method.

5. Delivery and access to your card

After payment confirmation, we email you the unique view link (and a copy with your QR code). With the "Link & QR" delivery option, you share the link yourself with your recipient.

• Delivery normally takes effect within minutes. If you have not received your link within 24 hours of payment confirmation, contact us and we will redeliver or refund your purchase.
• The view link is unlisted: anyone who possesses it can view the Card. Keep the link and QR code confidential — we are not liable for third parties viewing the Card if you or your recipient shared the link with them.
• We aim to keep Cards available for as long as possible but do not guarantee any specific availability period; we may delete a Card after 6 months from its dispatch. You may ask us to delete your Card earlier at any time by emailing [email protected].
• We do not guarantee 100% uptime and are not liable for brief technical interruptions, nor for non-delivery caused by incorrect contact details you provided.

6. Right of withdrawal

Where applicable law (for example, for consumers in the EU, EEA, or UK) grants a right of withdrawal for digital content, this right does not apply once we begin performance with your express prior consent and you acknowledge that you thereby lose your right of withdrawal — consistent with Article 16(m) of the EU Consumer Rights Directive and equivalent national provisions. You give this consent and acknowledgment by ticking the relevant checkbox in the order form before completing purchase. In jurisdictions without a statutory right of withdrawal for digital content, purchases are final, subject only to the Refunds section below and any non-waivable consumer protection law.

7. Acceptable use

You agree not to use RoseNote to send harassing, unlawful, infringing, deceptive, or discriminatory content, or to upload audio you do not have the right to share. We may suspend delivery, remove content, or refuse to fulfil a Card that violates this section — in which case any payment made is refunded.

8. Content you submit

You retain ownership of your message and voice note. You grant us the hosting rights needed to store and deliver them to your chosen recipient.

• Where you submit data about a third party (such as the recipient's name or email, or a voice recording), you represent and warrant that you have obtained all necessary consents from that person to submit and use the data for creating and delivering the Card.
• By submitting a voice recording, you represent and warrant that you own the recording or have all rights and consents to record and share it, that it does not contain copyrighted music, film, or other third-party works without a licence, and that you are legally permitted to submit it.
• Submitted content must not be pornographic, offensive, violence-inciting, or otherwise unlawful or unethical.
• If submitted content violates these warranties, we may refuse fulfilment, remove the content, or block access to the Card; any payment is then refunded under Sections 3 and 10.

9. Complaints and non-conformity

Complaints must be submitted to [email protected] with a description of the issue. We will respond without undue delay and no later than 14 days after receipt. Subjective aesthetic dissatisfaction with a correctly rendered Card, errors caused by typos in the data you entered, and display issues caused by your device or browser do not constitute non-conformity with the contract.

10. Refunds

Because each Card is delivered digitally, sales are generally final, and no refund is due where you consented to immediate performance under Section 6. If delivery fails due to a technical issue on our side, contact us and we will redeliver or refund your purchase. Nothing in this section limits any statutory refund or warranty right that cannot be waived under the law applicable to you.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CARD AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Nothing in this section excludes or limits any warranty or consumer right that cannot lawfully be excluded under the mandatory law applicable to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE CARD SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE CARD GIVING RISE TO THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA OR EMOTIONAL DISTRESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This section does not limit liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and costs (including reasonable legal fees) arising out of your breach of these Terms, your submitted content (including infringement of third-party rights), or your violation of applicable law. This applies to the maximum extent permitted by the mandatory laws of your place of residence and is not intended to limit your statutory rights as a consumer.

14. Dispute resolution

Before formally pursuing a dispute, please contact [email protected] — we will try in good faith to resolve it within 30 days.

For consumers resident in the European Union, EEA, or United Kingdom, disputes shall be resolved by the competent court of your place of residence, or as otherwise provided by mandatory local law.

For users in the United States: any dispute not resolved informally shall be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in your county of residence or remotely. Each party waives any right to a class action or jury trial, and either party may bring an individual claim in small claims court. You may opt out of this arbitration agreement by emailing us within 30 days of your purchase.

15. Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. This choice of law does not deprive you of protections afforded by mandatory provisions of the law of the country where you have your habitual residence as a consumer.

16. Intellectual property

We retain ownership of the graphic and technical design of the Card. You receive a non-exclusive, non-transferable licence for private, non-commercial use — including sharing the link or QR code with others and posting on personal social media. You may not resell, sublicense, or commercially exploit the Card without our prior written consent.

17. Copyright complaints

If you believe content on the service infringes your copyright, email [email protected] with: identification of the copyrighted work; identification of the allegedly infringing material and its location; your contact information; a statement of good-faith belief that the use is unauthorised; a statement, under penalty of perjury, that the notice is accurate and you are authorised to act for the rights holder; and your physical or electronic signature. We will review and, where appropriate, remove or disable access to the material.

18. Amendments

We may amend these Terms for legal, regulatory, or technical reasons. Orders placed and paid before a new version takes effect remain governed by the Terms in force at the time of purchase. The current version is always available on this page.

19. Severability

If any provision of these Terms is held invalid or unenforceable in a given jurisdiction, that provision shall be limited to the minimum extent necessary, and the remaining provisions remain in full force and effect.

20. Contact

Questions about these terms: [email protected].