Terms of Service

Welcome to With Love. These Terms of Service (“Terms”) are a binding agreement between you and Elegy, Inc. (“With Love,” “we,” “us,” or “our”), the company that operates With Love and any related websites, pages, and services (collectively, the “Service”). With Love is a product of Elegy.

With Love is an online service that lets a group create a shared greeting card for someone they care about — most often a person going through loss or a hard time — and deliver it as a private link, including by text message (SMS). Friends and family can add written messages, voice notes, and photos, and may optionally include a gift.

By creating an account, creating or signing a card, providing a recipient’s contact information, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.

You may use the Service only if you are at least 18 years old (or the age of legal majority in your jurisdiction) and able to form a binding contract. The Service is not directed to children, and we do not knowingly collect information from anyone under 18. By using the Service you represent that you meet these requirements and that the information you provide is accurate.

If you use the Service on behalf of a group, a family, or another person, you represent that you are authorized to do so and to bind them to these Terms.

With Love provides software and tools that let people create, sign, and send shared greeting cards and, optionally, include a gift. With Love is not a bank, a money transmitter, a payment processor, a charity, a registered nonprofit, a fundraiser, a financial advisor, a grief counselor, or a provider of legal, tax, or professional services.

Gifts are optional and personal. A card is complete with messages alone. If contributors choose to add a gift, that gift is a voluntary personal gesture to the recipient — it is not a charitable contribution, is not tax-deductible, and we do not issue tax receipts. Where gifts are enabled, they are delivered to the recipient as money to use however helps; named gift items are gestures, not physical deliveries.

Payments are processed by Stripe. Any gift or payment is processed by Stripe, Inc. and its affiliates (“Stripe”). By using the Service to send or receive money you also agree to the applicable Stripe agreements. With Love does not store full payment card numbers.

We do not guarantee outcomes. We do not guarantee that a card will be signed, that a message will be delivered by any particular time, or that any gift will be given.

Creating a card. The person who creates a card (the “Creator”) may need to register with a name and an email address or phone number so we can save the card, let them manage it, and help them find it again. You are responsible for keeping your login details confidential and for activity under your account. Notify us promptly at hello@elegy.co of any unauthorized use.

A card may involve:

• a Creator — the person who starts and owns the card;
• Signers — people invited by link who add their own messages, voice notes, photos, and optional gifts; and
• a Recipient — the person the card is for, to whom it is delivered.

The Creator is responsible for who they invite and for the recipient contact information they provide. Signers are responsible for the content and any gift they add.

When you create or sign a card you may provide the recipient’s name, a card design, written messages, voice notes, and photos. You agree that the content you add is yours to share, is accurate and not misleading, and that you have any consent needed from other people shown or named in it.

Privacy of cards. A card is private by link: it is reached through an unlisted link and is not indexed by search engines. You control who receives the link. The card’s link is designed to remain available so the recipient can reopen it.

Program name. Our text messaging program is called With Love Card Alerts, operated by Elegy, Inc.

How the program works — two stages. With Love uses a two-stage, double opt-in process.

Stage 1 — one message, sent at a sender’s request. When someone creates a card for you, they enter your mobile number and confirm that they know you personally and have your permission to text you. We then send one text containing a private link to the card and an invitation to subscribe to updates. That is the only message we send unless you subscribe.

Stage 2 — recurring updates, only if you say yes. If you reply YES to that message, you are subscribing to notifications about that card — for example, when someone adds a new message or a gift. If you do not reply, or if you reply STOP, we send you nothing further. You may subscribe or unsubscribe at any time.

If you are the sender. By entering another person’s mobile number you represent and warrant that you have a personal or family relationship with that person, that you have their permission to send them this card at that number, and that the number is accurate. You authorize Elegy, Inc. to send the Stage 1 message on your behalf. Never enter a number you are not permitted to contact. Do not use the Service for bulk, marketing, harassing, or unwanted messaging. We may suspend accounts that do.

We only text the recipient. If you create or sign a card, we do not send you text messages about it. Updates for creators and signers are provided in the Service itself and by email. The card’s recipient is the only person who receives texts from this program.

Message frequency. Message frequency varies with card activity. Subscribed recipients typically receive 1–5 messages per week per card, and we cap notifications at one per day per card.

Keywords. Reply YES to subscribe. Reply STOP (or END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, OPTOUT) to unsubscribe at any time — we honor it immediately and send a single confirmation. Reply HELP for help, or email hello@elegy.co.

Rates and delivery. Message and data rates may apply, depending on your mobile plan and carrier. Mobile carriers are not liable for delayed or undelivered messages, and we cannot guarantee delivery of any message.

Providers and privacy. We use Plivo Inc. and Telnyx LLC to transmit messages on our behalf. Phone numbers are used only to deliver cards and the notifications described above. We never sell phone numbers, and mobile opt-in data and consent are never shared with third parties for marketing. See our Privacy Policy.

Adding a gift is entirely optional. Gifts and any related payments are processed by Stripe using the payment methods we make available. Because gifts are voluntary personal gestures, they are generally non-refundable; refund requests are handled at our discretion and are subject to Stripe’s capabilities and timelines. If you believe a gift was made in error or fraudulently, contact hello@elegy.co promptly. We may reverse or withhold funds in cases of suspected fraud, chargebacks, disputes, or violations of these Terms. You are responsible for any taxes that may apply to funds you give or receive.

You agree not to use the Service to:

• send text messages to anyone you are not permitted to contact, or to send unwanted, harassing, deceptive, bulk, or marketing messages;
• impersonate any person, or post content about someone without the right to do so;
• upload content that is unlawful, infringing, defamatory, harassing, hateful, obscene, or that violates anyone’s privacy or publicity rights;
• send or transfer funds for any unlawful purpose, or in violation of sanctions or anti-money-laundering laws;
• interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service; or
• scrape, harvest, or misuse other people’s personal information.

We may refuse, remove, suspend, or take down any card, content, message, or account that we believe violates these Terms or applicable law, or that poses a risk to users, the Service, or our partners.

You retain ownership of the content you submit (messages, voice notes, photos, and other materials — “User Content”). You grant With Love a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt (for example, to resize images or generate link previews), display, and distribute your User Content solely to operate, provide, secure, and improve the Service and as permitted by our Privacy Policy. This license ends when your User Content is deleted, except for content shared with others, content we must retain to comply with law, or content in routine backups.

You represent that you have the rights necessary to grant this license and that your User Content does not violate these Terms or any law or third-party right.

The Service, including its software, design, text, graphics, logos, and the “With Love” and “Elegy” names and marks, is owned by Elegy, Inc. or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-transferable license to use the Service for its intended purpose. You may not copy, modify, reverse engineer, or create derivative works of the Service except as allowed by law.

The Service relies on third-party services, including our SMS/messaging provider, Stripe (payments), authentication and email-delivery providers, hosting, and analytics and monitoring tools. Your use of those services may be subject to their own terms and privacy policies. With Love is not responsible for third-party services or for any websites linked from the Service.

With Love may provide informational content related to grief and ways to support someone. This content is for general information only and is not medical, psychological, legal, or financial advice, and is not a substitute for care from a qualified professional. If you or someone you know is in crisis, contact local emergency services or an appropriate crisis line.

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. With Love does not warrant that the Service will be uninterrupted, secure, or error-free, or that any message or card will be delivered. With Love is not responsible for the conduct of any user, creator, signer, or recipient, or for how any gift is used.

To the fullest extent permitted by law, With Love and Elegy, Inc. and their officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or funds, arising out of or relating to your use of the Service. Except where prohibited by law, our total liability for all claims relating to the Service will not exceed the greater of the total fees you paid to us in the 12 months before the claim or USD $100. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

You agree to indemnify and hold harmless With Love and Elegy, Inc. and their officers, directors, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your User Content, the phone numbers or recipient information you provide, any gift you give or receive, or your violation of these Terms or any law or third-party right.

You may stop using the Service and request deletion of your account at any time. We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms or applicable law, or to protect the Service, our users, or our partners. Provisions that by their nature should survive termination (including Sections 6–11 and 13–17) will survive.

We may modify the Service and these Terms from time to time. If we make material changes, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect means you accept the revised Terms.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. The state and federal courts located in Suffolk County, New York will have exclusive jurisdiction over any dispute.

Questions about these Terms can be sent to:

Elegy, Inc.
Email: hello@elegy.co
Website: elegy.co