Terms of Use

1. Agreement to these Terms

These Terms of Use (the "Terms") are a binding agreement between you and Tyler Stenson, doing business as Celebrate, a sole proprietorship based in Canada ("Celebrate", "we", "us", or "our"). They govern your use of the Celebrate mobile app (iOS and Android), the guest web experience at mycelebrate.ca, and any related services (together, the "Service").

By creating an account, accessing an invitation, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which explains how we handle personal information and forms part of these Terms. If you do not agree, do not use the Service.

Nothing in these Terms limits any rights you have under applicable Canadian consumer protection law, including Quebec’s Consumer Protection Act, that cannot be limited by contract. Where a provision of these Terms conflicts with such a right, the right prevails.

2. Definitions

• "Host" — a person with a Celebrate account who creates parties and sends invitations.
• "Guest" — a person who receives an invitation and interacts with a party, including a parent or guardian responding on behalf of an invited child. Guests access a party with a personal guest code or QR code and do not need an account.
• "Party Credits" — in-app credits purchased through the Apple App Store or Google Play and used to create parties.
• "Group Gift" — a gift toward which Guests may coordinate contributions through the Service. Gift money is sent directly between participants (typically to the Host); Celebrate does not collect, hold, or route it (Section 6).
• "Content" — anything users submit to the Service, including party details, invitation designs, photos, messages, RSVPs, and notes.

3. Eligibility and accounts

You must be at least the age of majority in your province or territory of residence to create a Host account, make purchases, or contribute to a Group Gift. The Service is designed for use by adults: parties may celebrate children, but invitations and communications are directed to parents and guardians. You may not use the Service if you are under 13.

When you create an account you agree to provide accurate, current information and to keep it up to date. You are responsible for everything done through your account and for keeping your password confidential. Tell us promptly if you suspect unauthorized use. Guest codes and QR codes give access to a party’s private content — keep yours confidential and do not share it with people outside the party.

4. The Service

Celebrate lets Hosts plan parties: design and send invitations by email or text message, manage guest lists and RSVPs, exchange messages with Guests, coordinate Group Gifts, share party pictures, and send thank-you cards.

Celebrate is a planning and communication tool. Hosts — not Celebrate — are responsible for their parties, including the accuracy of party details, the choice of venue, supervision and safety at the event, and compliance with any rules that apply to the event itself. We are not a party to any arrangement between Hosts and Guests.

5. Party Credits and purchases

Creating a party may require Party Credits. Credits are purchased through the Apple App Store or Google Play; the payment is processed by Apple or Google under their terms, and purchases are managed on our behalf by RevenueCat. Prices are shown before you buy, inclusive of applicable taxes where the store displays them.

• Party Credits are a licence to use a feature of the Service. They have no cash value, are not transferable, and cannot be exchanged for money.
• Refunds for App Store or Google Play purchases are handled through Apple or Google under their refund policies. Nothing in this section limits any non-waivable refund or cancellation right you have under applicable consumer protection law.
• We may change credit pricing or what credits are required for prospectively; changes do not affect credits you have already purchased.

6. Group Gifts and gift money

Celebrate helps guests coordinate gift money, but does not collect, hold, transmit, pool, or process it. Celebrate is not a bank, payment processor, escrow agent, trustee, or money-services business, and it charges no fee on gift money. The only payments Celebrate is involved in are Party Credit purchases through the app stores (Section 5).

6.1 How gift money works

• A Host may add a receiving handle, such as an Interac e-Transfer email address or phone number. A guest who chooses to contribute sends money directly to that handle from their own bank or payment app. The money goes straight from the guest to the Host (or another recipient the group designates) and never passes through Celebrate.
• The app only lets a guest record that they have sent a contribution and lets the recipient confirm they received it, so the group can track a running total. These records reflect what participants themselves report; Celebrate does not send, receive, verify, or guarantee any payment.
• Because Celebrate never holds the money, it cannot pool, transfer, refund, reverse, or otherwise control gift contributions. Any refund, chargeback, or dispute about gift money is solely between the guest and the recipient and must be handled through their own bank or payment provider.

6.2 Your responsibilities

You are responsible for choosing whom you send money to and for any money you receive — including using it as agreed with your group and paying any taxes that may apply. Only send gift money to people you know and trust. Celebrate does not guarantee that a Host or any other recipient will use gift money as intended and is not obliged to mediate disputes about it, though we may provide reasonable cooperation such as the records the app kept.

7. Your Content

You keep ownership of your Content. So that we can operate the Service, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, and transmit your Content as needed to provide the Service — for example, rendering your invitation design, delivering it to your guests, and showing party pictures to the people in your party. This licence ends when the Content or your account is deleted, except for copies we must keep for legal purposes.

You are responsible for your Content. You confirm that:

• you have the rights needed to submit it (including photos you upload);
• you have the consent of people who appear in photos you share — for photos of a child, the consent of the child’s parent or guardian;
• you have the authority or consent needed to give us a guest’s contact information so we can send invitations and party communications on your behalf; and
• your Content does not infringe anyone’s rights or break any law.

We do not monitor Content, but we may remove Content that we reasonably believe violates these Terms or the law, and we will respond to complaints from affected people, including requests to remove photos of them or their children.

7.1 Objectionable content, reporting, and blocking

There is no tolerance for objectionable content or abusive behaviour on the Service. You must not submit Content that is illegal, hateful, harassing, threatening, defamatory, obscene, sexually explicit, or that exploits or endangers a child, and you must not harass, abuse, threaten, or impersonate other users.

Where the Service lets people post Content — the party photo album, the party message board, and group-gift chats — it also provides tools to report and to block. You can report a specific photo or message to us, and you can block another participant so that you no longer see their photos, messages, or chat messages.

We review reports of objectionable content and act on them — including removing the Content and removing or banning the user responsible — and we aim to do so within 24 hours. We may take these steps with or without a report, and without notice, where we reasonably believe Content or conduct breaches these Terms or the law. If you post objectionable Content or abuse other users, we may suspend or terminate your access under Section 14.

8. Acceptable use

You agree not to:

• use the Service for anything unlawful, or to send unsolicited commercial messages — invitations and party communications must be to people you genuinely intend to invite, consistent with Canada’s Anti-Spam Legislation (CASL);
• harass, abuse, threaten, or defame anyone, or upload Content that is hateful, obscene, or exploits a minor;
• impersonate any person, misrepresent a party, or access another person’s party or account without authorization (including guessing or sharing guest codes);
• interfere with the Service — no probing, scraping, reverse engineering (except as permitted by law), introducing malware, or circumventing security or access controls;
• use the Service to collect money by deception, or for gambling, raffles, or lotteries; or
• resell or commercially exploit the Service without our written agreement.

We may suspend or terminate access for violations (Section 14).

9. Communications

The Service sends emails, text messages, and push notifications to deliver invitations, RSVP updates, reminders, cancellation notices, thank-you cards, and other messages about parties you host or attend. These are sent at a Host’s request or as part of a feature you use, and they identify the party they relate to. You can disable push notifications in your device settings; guests can ask us to stop communications about a party at any time. Standard message and data rates from your carrier may apply to text messages.

10. Intellectual property

The Service — including the app, its design, invitation templates, fonts, graphics, and software — is owned by Celebrate or its licensors and is protected by copyright, trademark, and other laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on your own devices for personal, non-commercial purposes, subject to these Terms. Using an invitation template for your party’s invitation is part of the Service; the underlying templates and designs remain ours.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

11. Third-party services

The Service depends on third-party services, including Apple and Google (app distribution and in-app purchases), RevenueCat (purchase management), and email/SMS delivery providers. Your use of those services is subject to their own terms and privacy policies, and we are not responsible for them. Disputes about a Party Credit purchase are handled through Apple’s or Google’s processes; disputes about gift money are handled through your own bank or payment provider (Section 6).

12. Privacy

Our collection, use, and disclosure of personal information is described in the Celebrate Privacy Policy, which complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. Please read it — it forms part of these Terms.

13. Availability and changes to the Service

We work hard to keep the Service available, but it is provided without a guarantee of uninterrupted availability. We may change, add, or remove features, and we may suspend the Service for maintenance, security, or legal reasons. Where a change would materially reduce a feature you have paid for and not yet used, we will provide a reasonable remedy, such as a credit or refund, in accordance with applicable consumer protection law.

14. Term and termination

You can stop using the Service and delete your account at any time. Deleting your account removes your parties and Content from the Service as described in the Privacy Policy.

We may suspend or terminate your access, with notice where practicable, if you materially breach these Terms, if we reasonably believe your use creates risk or legal exposure for us or others, or if we discontinue the Service. If we terminate without cause or discontinue the Service, we will make reasonable efforts to give advance notice and, where required by law, refund amounts you paid for services not yet delivered. Gift money is sent directly between participants and is never held by Celebrate, so there is nothing for us to refund on termination.

Sections that by their nature should survive termination (including Sections 6.2, 7, 10, and 16 through 19) survive.

15. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties or conditions of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free or uninterrupted, that messages will always be delivered (email and SMS delivery ultimately depends on third-party networks), or that Content will never be lost — keep your own copies of photos that matter to you.

Some jurisdictions, including Quebec, do not allow the exclusion of certain warranties or the legal warranty applicable to consumer contracts. In those jurisdictions, the above exclusions apply only to the extent permitted by law, and you retain all rights that cannot be waived.

16. Limitation of liability

To the maximum extent permitted by applicable law, Celebrate will not be liable for: (a) indirect, incidental, special, consequential, or punitive damages, or loss of profits, goodwill, or data; (b) the acts or omissions of Hosts or Guests, including the sending, receipt, or use of gift money that is transferred directly between participants and never held by Celebrate; (c) events at parties organized through the Service; or (d) failures of third-party services outside our reasonable control.

To the maximum extent permitted by applicable law, our total liability for all claims relating to the Service in any 12-month period is limited to the greater of (i) the amounts you paid to Celebrate through the Service in those 12 months and (ii) CAD $100.

These limits do not apply to liability that cannot be limited under applicable law, including liability arising from our gross negligence or intentional fault, fraud, or death or bodily injury, and nothing in this section limits the non-waivable rights of consumers under applicable consumer protection legislation.

17. Indemnification

To the extent permitted by applicable law, you agree to indemnify Celebrate against third-party claims, and reasonable associated costs, arising from your Content, your breach of these Terms, or your violation of law or of another person’s rights — for example, a claim that you shared someone’s photo or contact information without consent. This obligation does not apply to consumers where and to the extent applicable consumer protection law prohibits it.

18. Governing law and disputes

These Terms are governed by the laws of the province or territory in which you reside and the federal laws of Canada applicable there. You may bring or defend claims in the courts of your own province or territory. If you are a consumer, nothing in these Terms requires you to arbitrate or limits your right to bring proceedings before a court, including a small claims court, or to file a complaint with a consumer protection authority.

Before starting a formal proceeding, please contact us (Section 21) — most issues can be resolved quickly and informally.

19. Apple App Store and Google Play terms

If you downloaded the app from the Apple App Store, the following applies: these Terms are between you and Celebrate only, not Apple. Apple has no obligation to provide maintenance or support for the app and is not responsible for the app or its content, for any product-liability, legal-compliance, or IP claims relating to the app, or for addressing any claim by you or a third party relating to the app. In the event the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a Government of Canada or U.S. Government embargo and are not on any government list of prohibited or restricted parties. Your use must also comply with the Apple Media Services Terms, including the Usage Rules.

If you downloaded the app from Google Play, your use must also comply with the Google Play Terms of Service, and these Terms are between you and Celebrate only — Google is not responsible for the app.

20. Changes to these Terms

We may update these Terms as the Service or the law changes. For material changes affecting existing users, we will give you clear notice — in the app or by email — at least 30 days before the change takes effect, stating what is changing and when. If you are a consumer in Quebec, you may refuse a material change that increases your obligations or reduces ours and cancel the affected service as permitted by the Consumer Protection Act. Continuing to use the Service after the effective date means you accept the updated Terms; the current version will always be available in the app and at mycelebrate.ca.

21. Contact

Questions about these Terms:

Celebrate — Tyler Stenson

Email: celebrate.support@gmail.com

Website: https://mycelebrate.ca

22. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Celebrate about the Service.
• Severability. If any provision is found unenforceable, the rest of the Terms remain in effect, and the provision will be enforced to the maximum extent permitted.
• No waiver. Our not enforcing a provision is not a waiver of it.
• Assignment. You may not assign these Terms. We may assign them in connection with a reorganization, incorporation, merger, or sale of the Service, with notice to you.
• Language. Where permitted by law, the parties have requested that these Terms be drafted in English. Une version française de ces conditions sera fournie sur demande et, au Québec, tel que requis par la loi.