effective as of 28th of June 2021
The Lettersify User Agreement sets forth the terms and conditions for use of the Lettersify Platform and other services provided by Lettersify. Please read this document carefully and retain a copy for your reference.
Your use of the Lettersify Platform constitutes your agreement to be legally bound by our terms and conditions set forth in this document. Please read these terms and conditions carefully before using our platform as by doing so you are entering into a legally binding contract with Lunar Digital ltd, a limited liability company registered in England and Wales with company number 674649, whose registered office is at 6/9 Trinity Street, Dublin 2, D02 EY47, Ireland. If you do not agree to (or cannot comply with) the terms and conditions set out below, do not use or access our services.
These terms and conditions do not override any obligation or permission in any other agreement between you and Lettersify. The terms of any individual Agreement between you and Lettersify supersede the terms of these Terms.
The following definitions explain some of the terminology and abbreviations used in our Terms:
"We/Lettersify" means Lunar Digital ltd, the Platform, and its developers and related companies.
"Site" refers to the Lettersify website, accessible at Lettersify, or any other URL that may host Lettersify websites or Services.
"Services" refers to the letter writing service provided by Lettersify, the content on the Site and other services provided by Lettersify.
"Platform" refers collectively to the Site and the Services.
"User/You" means any individual or entity that registers for or uses our Services.
"Party" means individually either User or Lettersify and "Parties" means collectively User and Lettersify.
"Third Party" means applications, websites, natural or legal persons other than Lettersify, the Platform or its related companies.
"Content" means all images, text, audio and video data or other information found on or obtained through the Platform.
"Subscription" means the monthly paid subscription to which Users may subscribe on our Platform. The subscription taken out by the User is for a fixed period of thirty days from the confirmation of payment by our Company. The Subscription is a non-binding subscription with tacit renewal for an identical period until the User cancels. In the context of the Promotional Offer, the Subscription is subscribed if the latter is not terminated by the User before the end of the Trial Period.
"Trial Period" means a seventy-two hour period during which the User may access our Service on an unlimited basis without being charged the Subscription price. This trial period will always be included as part of a Promotional Offer.
"Promotional Offer" means free and unlimited access to all Services accessible by the User on our Platform for the duration of the Trial Period. The User's registration to the Promotional Offer will automatically be punctuated by a subscription to the Subscription. The purpose of the Promotional Offer is to allow the User to test the Service free of charge before taking out the Subscription.
"Subscription Term" means the period during which your subscription to our Platform is active.
"Subscription Fee" means the cost of the Subscription for the selected Subscription Term.
"Effective Date" means the date payment for the selected Subscription is processed.
"Confidential Information" means all information disclosed between the Parties in connection with the Services. Confidential Information does not include information that was known to either party prior to its disclosure or information that has been made available to the public.
2.1 By using our Services, you represent that (a) you have full legal capacity to enter into a legally binding relationship, (b) you will provide accurate, current and complete information when requested and that such information will be consistent in all respects with these Terms, and (c) you will not use the Services in violation of these Terms or applicable law. If you are accessing our Services on behalf of a legal entity, you further represent that (a) you have the authority to agree to the terms of this Agreement, (b) you have the authority to bind such legal entity by acceptance of this Agreement, and (c) the legal entity on whose behalf you are accepting this Agreement has full power to enter into this Agreement and to perform the obligations hereunder.
2.2 We cannot control who uses the Platform, so it is your responsibility to assess whether your use of the Platform complies with local laws and regulations. Each time you use our Platform, you must comply with the terms of this Agreement and all applicable laws, regulations and policies. If any part of the Platform does not comply with your local laws, you may not use the Site and Services. Any such Service will be deemed to be "unavailable in your area".
2.3 Lettersify operates a platform through which registered users can send letters. Lettersify Users also have access to an online helpdesk where they can get assistance in sending their letter.
2.4 We provide our Services through an API external to our site. The API only supports certain document formats, which are indicated, so the User must check that their document is compatible. Unfortunately, we will not be able to send the User's letter if the format is not the right one.
2.5 Lettersify cannot guarantee that the Services will meet your needs or be accessible in an uninterrupted, secure or error-free manner. Lettersify cannot guarantee that its Services will operate 24 hours a day, and makes no such guarantee. The Services may be interrupted for reasons related to (a) performing scheduled maintenance, (b) force majeure events, (c) suspension or termination of specific Users' accounts, (d) Internet problems beyond Lettersify's control, and (e) bugs in the code, hardware, or Services with no known commercially available fix.
2.6 When registering on or otherwise interacting with our Platform, Users are required to provide true, accurate, current and complete information about themselves when prompted to do so in the forms provided. You agree to update your information when it changes so that the information recorded remains true, accurate, current and complete. If you provide information that does not comply with the above conditions, we may deny you access to the Site, in whole or in part, or to our Services, or terminate your access to them. We will not be liable for any failure to provide the Services as a result of information that is not true, accurate, current and complete.
2.7 You agree that you are responsible for keeping your login information confidential. You are responsible for all activity on your account. If you ever discover or suspect that someone has accessed your account without authorization, we recommend that you notify us immediately.
2.8 Any Subscription to the Service entered into by the User is for an indefinite period of time from the date of subscription. The User shall have the option to terminate his Subscription at any time without any prerequisite by notifying his wish to terminate by e-mail, chat or telephone or by terminating his Subscription on the Website.
2.9 The termination of the User's Subscription will be effective at the end of the month of the current Subscription which remains due. After the effective date of termination, the User will no longer have access to the User Space or the Services.
2.10 You shall not misuse our Services, namely any use, access or interference with the Site or the Service that constitutes a violation of this Agreement, our Privacy Policy and applicable laws and regulations. We may, in our sole discretion, suspend or terminate access to all or part of the Site and Services to any User, without notice or need to deliberate on the reasons for such action. We reserve the right to deny Services to anyone at any time. When using our Services, you will not violate the Terms, Policies, applicable laws and regulations, including, without limitation, the following:
2.11 If you provide us with your email address, we may contact you using that contact information regarding any matter relating to the Services (Service emails). Such emails are not "unsolicited commercial electronic advertising" and you may not opt out of receiving them. You may choose to receive emails about news, promotions, special offers or other matters of interest related to Lettersify and our related companies (Promotional Emails). You may opt out of receiving these Promotional E-mails at any time by following the instructions on the Promotional E-mails.
2.12 If you have any questions or suggestions, you can contact us at [email protected].
3.1 All intellectual property rights in the Site, the Services and the Content are owned exclusively by Lettersify, or are used under appropriate licenses or permissions. Nothing in this Agreement shall be construed as transferring any such intellectual property rights to you or any other third party.
3.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable and non-sublicensable licence to access for use the Platform provided by Lettersify as part of your subscription package. Except as expressly permitted by these Terms, you may not copy, modify, or create derivative works based on the Services; distribute, transfer, sublicense, rent, or loan the Services to any third party; reverse engineer, decompile, or disassemble the Services; or make the functionality of the Services available to multiple users by any means.
3.3 During the term of this Agreement, Users may be required to voluntarily provide or transmit certain Confidential Information to Lettersify and Lettersify may disclose certain Confidential Information to Users. With respect to such information, both parties hereby agree (a) to keep the Confidential Information confidential, (b) to take all reasonable steps to protect its confidentiality, (c) not to disclose or otherwise make it available to any third party without prior written consent, (e) to return all Confidential Information and all copies, extracts or derivative works thereof upon written request or termination of the Agreement and to destroy or erase all remaining copies of the Confidential Information in any form or storage medium.
3.4 If you believe that your work has been copied in violation of copyright or that your intellectual property rights have been otherwise infringed, please provide the following information to the Site's Copyright Agent:
The electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
The location on the Site of the material that you claim infringes your copyright;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement, made under penalty of perjury, that the information you provided in your Notice is accurate and that you are the owner of the copyright or intellectual property or are authorized to act on behalf of the owner.
3.5 Our copyright agent can be contacted at the following email address: [email protected]
4.1 All prices for the Services listed are found on the Site and are calculated when you decide to take out a subscription on the Site. All prices are inclusive of VAT. If a Service is listed at an incorrect price due to a typographical error or system error, we reserve the right to refuse or cancel any orders placed for it. If payment for the incorrect price has already been made, we will refund you the same amount upon cancellation. You can find all our prices here.
4.2 When you register on the Site, you can choose the method of payment. If you pay by credit card, you must provide valid and up-to-date information necessary to process the payment. You authorize us to charge your credit card for all fees due during the Term of your subscription.
4.3 The Subscription Fee is calculated at the time you submit your registration to the Site. The Subscription Fee for the current Subscription Term will not be subject to changes in the price of the Services as described in Section 4.5 of this Agreement.
4.4 If for any reason we are unable to process your payment, your subscription will be terminated immediately.
4.5 We reserve the right to change prices at any time; we will notify still active Users of such changes. These changes will not affect the User's current Subscription Term. Renewal of the Subscription Term will be charged at the prices in effect ten (10) days prior to such renewal.
5.1 Access to the Services may be linked to third party services and content (including advertisements) that Lettersify does not control. You acknowledge that different Terms of Use and privacy policies may apply to your use of such third party services and content. Lettersify does not endorse such third party services and content; Lettersify shall have no liability for any services or content of such third party providers.
6.1 You may cancel your subscription at any time, without notice or penalty, by simply deactivating your account in your account settings. Upon deactivation, your subscription will end immediately. When you decide to terminate your subscription, we will stop billing you for future monthly fees until you subscribe to the Services again. You will be notified by email of the termination of your subscription.
6.2 You understand and agree that the fees for the Subscription Term are due at the beginning of each Subscription Term and that no refund or credit will be given for the unused portion of the Subscription Term.
6.3 If you need assistance in terminating your subscription, please contact our support team at [email protected].
7.1 If you are not satisfied with the Services, please contact us at [email protected]. You may be entitled to a refund if you cancel your subscription within fourteen (14) days of first signing up for the monthly subscription package.
7.2 No refunds will be given for the Subscription Term calculated in hours. If your first subscription was calculated in hours and you switched to the monthly subscription, the 14-day period is calculated from the time you switched to the monthly subscription.
7.3 Refunds can only be made for the last payment you made to us. Refunds beyond the 14-day purchase window will be considered, at our sole discretion, only if the User can demonstrate that the Service was not accessible or usable during the Subscription Term and sufficient attempts were made to contact us to resolve the issue. In such event, Lettersify may give User a pro rata refund of the Service fees paid during the period the Service was not accessible or usable.
8.1 You indemnify Lettersify, its employees and related companies against, and hold them harmless from, any and all demands, disputes, claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees and expenses, arising in any way out of or relating to your access to or use of the Site and our Services, the content you provide or your breach of these Terms.
9.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM OR DISSATISFACTION WITH THE Lettersify SERVICE IS TO DISCONTINUE USING THE Lettersify SERVICES.
9. 2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Lettersify, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE Lettersify SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF THE LEGAL THEORY ASSERTED, EVEN IF Lettersify HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL Lettersify'S AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU TO Lettersify, IF ANY, IN THE LAST MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
9.3 Lettersify, its employees, agents and directors assume no liability and you hereby agree to indemnify us against any liability arising (directly or indirectly) from the information provided by the Services or any errors or omissions therein. Lettersify shall not be liable for any loss (whether direct or indirect) caused by any action taken or decision made by you in reliance on information obtained through the Services or for any loss caused by any delay or failure in the operation or accessibility of the Services. While we strive to provide accurate Content through the Platform, we make no warranties or representations as to the accuracy of such Content.
10.1 Lettersify MAY CHANGE OR REPLACE OUR USER AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE; WE WILL NOTIFY YOU BY EMAIL IF POSSIBLE. SUCH CHANGES, REPLACEMENTS AND UPDATES TO OUR USER AGREEMENT WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. CHANGES TO THE TERMS OF SERVICE WILL NOT AFFECT SUBSCRIPTION TERMS ALREADY PAID. YOU AGREE TO KEEP INFORMED OF THE MOST RECENTLY POSTED VERSION OF THE USER AGREEMENT; YOU AGREE THAT YOUR ACCESS TO OR USE OF OUR SERVICE AFTER THE MOST RECENT VERSION HAS BEEN POSTED ON OUR SITE CONSTITUTES ACCEPTANCE OF SUCH CHANGES, REPLACEMENTS, AND UPDATES, WHICH SHALL BE BINDING ON YOU. THE USER AGREEMENT APPLIES REGARDLESS OF THE DEVICE OR OPERATING SYSTEM YOU USE TO ACCESS OUR SERVICES.
11.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. You agree that if you have a dispute with Lettersify, you will contact us to resolve it through negotiations and mutual agreement. If a solution cannot be reached in such negotiations, you hereby agree to submit to the non-exclusive jurisdiction of the courts of the City of London, England.
12.1 If any part of these Terms is determined to be invalid, illegal or unenforceable in any respect, the validity or enforceability of the remainder of the Terms shall not be affected.
12.2 The headings of the sections of the Terms are for convenience only and have no legal or contractual effect.
12.3 The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
12.4 Neither Party may assign or transfer any right or obligation under this Agreement to any third party without prior written consent, except to its successors in the event of a merger, sale or liquidation of the Party.
13.1 As part of our legal duty to inform, we remind you that the European Commission provides an online dispute resolution platform on the Internet at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
13.2 This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
13.3 Our e-mail address is [email protected].
14.1 Mail delivery problems
Lettersify uses a subcontractor to print, envelope and stamp mail, which is then handed over to La Poste for delivery. If the mail is not delivered to the intended address for reasons beyond the control of the sender and recipient, please contact us and we will send a second shipment as soon as the sender reports that the mail has not arrived.
Before the second shipment is made, the registered destination address will be checked, and if it proves to be inaccurate, the second shipment cannot be made. If necessary, we undertake to make the necessary claims to the Post Office to find out the status of the mail.
If necessary, please consult the contractual conditions of the Post Office.
14.2 Time of dispatch and receipt of mail
For all orders validated before 17:00, once the order is received by our subcontractor, your mail will be processed and posted the same day if it is a working day. If a problem occurs or if the volume of mail to be processed is unusually high, our subcontractor reserves the right to post your mail in the following days. The Post Office will be responsible for the delivery of your mail, so neither Lettersify nor our subcontractor have any control over delivery times.
The indicative time of reception of mail is generally 24 hours for a shipment in metropolitan France (48 hours for tracked shipments or registered with acknowledgement of receipt).
The indicative delivery time is generally 96 hours for mail sent within Europe.
Neither Lettersify nor our subcontractor can be held responsible for any delay in the delivery of mail.
If a letter is not received within 15 days, Lettersify will send a second letter provided that it is exactly the same as the first.
In the case of mail sent outside the European Union, this period is 31 days.
15.1. Version 1.0 - Effective from 15/02/2022