Effective date: [Month Day, Year]
These Terms of Service ("Terms") are an agreement between you and Fund Your Business LLC ("Pen & Porch," "we," "us"), a Minnesota business. They cover your use of penandporch.com and our handwritten note service (the "Service"). By using the Service, requesting a sample, or placing an order, you agree to these Terms. If you are using the Service for a business, you agree on behalf of that business.
We write personalized notes using robotic machines that hold real pens, address envelopes the same way, and mail them with postage. The front of each card, including logos, artwork and designs, is printed. Notes are written by machine in a handwriting style, not by a person by hand. We work with fulfillment partners to produce and mail cards.
You must be at least 18 years old and able to enter into a binding agreement. You agree to give us accurate information and keep it up to date, and you are responsible for activity on your account.
Free sample cards and free trials are limited to one per business unless we agree otherwise. Our free trial does not require a credit card and does not automatically convert into a paid plan. You choose whether to sign up afterward. We may change or end free offers at any time.
You keep ownership of the content you give us, including logos, artwork, message text, handwriting samples and recipient lists. You give us permission to use that content only to provide the Service to you. You confirm that:
We may refuse or cancel any order, and refund what you paid for it, if we believe it contains content that is illegal, threatening, harassing, hateful, sexually explicit, deceptive or fraudulent, impersonates another person or business, or infringes someone else's rights. We may also refuse orders for debt collection or legal notices, or for any mailing we reasonably believe could harm recipients or our business.
Once cards are handed to the U.S. Postal Service, delivery timing is out of our control. We are not responsible for postal delays, lost mail, or cards that can't be delivered because of incorrect addresses. If a card is damaged or incorrect because of our error, contact us within 30 days of mailing and we'll resend it at no charge.
"Love It" Guarantee: if you're not satisfied with your first paid order, contact us within 30 days of mailing and we'll either redo that order free of charge or refund what you paid for it. You choose which. This applies once per business, to the first paid order only.
Because every card is personalized, other cards that have been produced or mailed are not refundable, except as described in Sections 7 and 8 and above. If you're unhappy with our Service, contact us and we'll work with you to make it right.
The Pen & Porch name, logo, website, templates and designs belong to us. You may use message templates we provide in cards you send through our Service, but you may not copy or resell our website, designs or Service.
If you agree to receive text messages from us, our text messaging terms are described in our Privacy Policy. Reply STOP to opt out anytime.
We work hard to provide a great Service, but it is provided "as is" and "as available." To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. Because each card is machine-written with a real pen, small variations in ink, handwriting, color and paper are normal and are not defects. We do not guarantee any particular business results from sending cards.
To the extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or lost business. Our total liability for any claim relating to the Service is limited to the amount you paid us in the three months before the claim arose.
You agree to defend and indemnify us against any claims, damages and costs, including reasonable attorneys' fees, arising from your content, your recipient information, or your violation of these Terms or the law.
You may stop using the Service at any time. We may suspend or end your access if you violate these Terms. Sections that by their nature should survive termination, including payment obligations, content responsibilities, disclaimers, limitation of liability and indemnification, will survive.
These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Hennepin County, Minnesota, and you and we consent to that jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other for at least 30 days.
We may update these Terms from time to time. We'll post the new version on this page with a new effective date and notify customers by email of significant changes. Continuing to use the Service after changes take effect means you accept them.
If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it. These Terms, together with our Privacy Policy and any order details you approve, are the entire agreement between you and us about the Service.
Fund Your Business LLC
200 W Lake St, Ste 259, Minneapolis, MN 55408
Email: [email protected]
Phone: (952) 900-7112