Terms of Service

Last Updated: May 11, 2025

1. Introduction

Welcome to Say It For Me ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Say It For Me website, mobile application, and message delivery services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date above. Your continued use of our Services after we post any modifications constitutes your acceptance of the modified Terms.

2. Service Description

Say It For Me provides professional message delivery services for difficult or sensitive conversations. We deliver messages on behalf of users to specified recipients through various methods, including phone calls, text messages, emails, and in-person delivery (where available). Our messengers are trained to deliver content in a professional, respectful, and empathetic manner.

3. Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts. If you are using our Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that business or entity to these Terms.

4. User Accounts

To use certain features of our Services, you may need to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate your account if we suspect abuse, fraud, or violation of these Terms.

5. User Responsibilities and Prohibited Content

You are solely responsible for the content of the messages you ask us to deliver. You agree not to use our Services to send messages that:

• Are threatening, harassing, defamatory, abusive, or intimidating
• Contain hate speech or discriminatory content based on race, gender, religion, sexual orientation, or other protected characteristics
• Involve illegal activities or encourage others to engage in illegal activities
• Contain false or misleading information with intent to deceive
• Disclose private or confidential information about others without proper authorization
• Infringe on intellectual property rights
• Contain explicit sexual content or pornography
• Involve divorce proceedings, legal separation, or complicated legal matters
• Deliver severe medical diagnoses, health information, or death notifications
• Communicate matters that should legally be handled by certified professionals (e.g., legal notices, court summons)
• Contain threats of self-harm or violence towards others
• Involve fraud, scams, or deceptive practices
• Contain malware, viruses, or other harmful code

We reserve the right to refuse delivery of any message that we determine, in our sole discretion, violates these Terms or may cause harm to others. If we refuse to deliver a message due to violation of these Terms, we may or may not provide a refund depending on the nature and severity of the violation.

6. Recipient Consent and Notification

When using our Services, you acknowledge that:

• Our messengers will identify themselves as representatives of Say It For Me and disclose that they are delivering a message on behalf of someone else
• Recipients will be informed of your identity as the message sender
• Recipients have the right to refuse to receive the message
• We may record delivery interactions for quality assurance and confirmation purposes (where legally permitted and with appropriate notification)

7. Payment and Refunds

By purchasing our Services, you agree to pay all fees in accordance with the pricing displayed at the time of purchase. Payment must be made using the payment methods we specify. All fees are in US dollars and are non-refundable except as described below:

• If we are unable to deliver your message due to circumstances within our control, we will provide a full refund
• If we are unable to deliver your message because the recipient refuses to accept it or is unreachable after multiple attempts, we may provide a partial refund at our discretion
• If we refuse to deliver your message because it violates these Terms, we reserve the right to withhold a refund
• All refund requests must be submitted within 7 days of the scheduled delivery date

8. Service Availability and Limitations

While we strive to provide reliable and timely service, we do not guarantee that our Services will be available at all times or in all locations. We may restrict delivery to certain geographic areas or under certain circumstances. Delivery times are estimates and subject to various factors, including recipient availability. We will make reasonable efforts to deliver messages within the timeframe specified by your selected service level but cannot guarantee exact delivery times.

9. Intellectual Property

All content, features, and functionality on our website and mobile application, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by Say It For Me or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property without our express written consent.

10. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using our Services, you consent to the data practices described in our Privacy Policy.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAY IT FOR ME AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (C) ANY CONTENT OBTAINED FROM OUR SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

13. Indemnification

You agree to indemnify, defend, and hold harmless Say It For Me and its affiliates, officers, employees, agents, partners, and licensors from and against any and all claims, demands, liabilities, damages, and costs (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your access to or use of our Services; (b) the content of messages you request us to deliver; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with our Services.

14. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by Say It For Me. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

15. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or our Services shall be submitted to confidential binding arbitration in Kalamazoo, Michigan, except that to the extent you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court. The arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Say It For Me regarding our Services and supersede any prior agreements, oral or written, between you and Say It For Me.

19. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

---

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.