AmaranthTerms of Service

Terms of Service

DRAFT — pending legal review; not legal advice.

This document is a working draft prepared to help counsel finalize the Terms of Service for the FLOWERS and AMARANTH platforms. It is not legal advice, does not create an attorney-client relationship, and must be reviewed and approved by qualified counsel before it is published or relied upon.

Version: v0.1 Date: 2026-07-09 Applies to: FLOWERS (living tributes / memorial) and AMARANTH (weddings — working name, USPTO pending), each operated under a platform license from Real Impact.

A Note Before You Begin

We know why you are here. You are honoring a life, celebrating a marriage, or gathering the people you love around a moment that matters. We built this service to hold those memories carefully and to keep them safe for as long as you want them.

These Terms explain the promises we make to you and the promises you make to us. We have tried to write them in plain language. Where the law requires precise wording, we have kept it as clear as we can. Please read them. If anything is unclear, contact us at [SUPPORT_EMAIL] and we will do our best to help.

Throughout this document, "we," "us," "our," and "the Service" refer to the platform operator for the brand you are using (see Section 20, Governing Law and the Company You Are Contracting With). "You" means the person accepting these Terms — whether you are a Host who creates a campaign, a Contributor who uploads a photo or video, or a Recipient who records a thank-you.

1. Acceptance of These Terms

1.1 Agreeing to these Terms. By creating an account, clicking "I agree" (or a similar button), or otherwise accessing or using the Service, you agree to be bound by these Terms of Service and by our [Privacy Policy], which is incorporated here by reference. If you do not agree, please do not use the Service.

1.2 A separate, lightweight agreement for Contributors and Guests. Many people who upload photos or videos to a campaign do not have an account. If you reach an upload page through a QR code or a shared link, you will be asked to check a box confirming that you agree to the Contributor Terms (summarized in Section 6 and in the [Contributor Upload Agreement]) before you upload anything. That affirmative click is required. You cannot upload without it. This protects you, the Host, and the people in your photos.

1.3 This is a binding agreement. These Terms form a legally binding contract between you and us. They include an arbitration agreement and a class-action waiver (Section 19) that affect how disputes are resolved. Please read Section 19 carefully. You may opt out of arbitration within 30 days as described there.

1.4 If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

2. Who May Use the Service (Eligibility and Age)

2.1 Account holders and Hosts must be adults. To create an account or host a campaign, you must be at least 18 years old (or the age of majority where you live, if older).

2.2 General users must be at least 13. You must be at least 13 years old to use the Service in any capacity, including uploading content as a Contributor. The Service is not directed to children under 13, and we do not knowingly permit anyone under 13 to create an account or upload content. If we learn that we have collected personal information from a child under 13 in violation of the U.S. Children's Online Privacy Protection Act (COPPA), we will delete it.

2.3 Children appear in tributes and weddings — and that is handled separately. Weddings and tributes naturally include children. Adults routinely and appropriately upload photos and videos that show minors. That is different from a child using the Service. The rules for uploading content that depicts a minor are in Section 7 (Content Depicting Minors), and they apply to every uploader.

2.4 You must not be barred from using the Service under the laws of your jurisdiction, and you must not use the Service if we have previously terminated your account for cause.

3. What the Service Does

3.1 In plain terms. A Host creates a campaign. Contributors and guests upload photos and videos — often through a no-app QR code or link, sometimes anonymously. Our AI assembles those materials into a tribute or wedding film, and generates a lasting website for the campaign, optionally on a custom domain. The Recipient or honoree can record a thank-you video that is shared with the contributors.

3.2 What is free and what is paid.

3.3 We may change the Service. We are actively building. We may add, change, or remove features. We will not use routine product changes as a way around the commitments in Section 9.

3.4 The Service is a tool, not a professional adviser. We are not a law firm, funeral or estate service, therapist, or grief counselor. Nothing in the Service is legal, financial, medical, or professional advice.

4. Your Account

4.1 Registration. You agree to provide accurate, current, and complete information when you create an account and to keep it up to date.

4.2 Security. You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us promptly at [SUPPORT_EMAIL] if you suspect unauthorized use.

4.3 One person, one responsibility. You may not share an account in a way that misrepresents who is acting, and you are responsible for anyone you allow to use your account or campaign.

5. Your Content, Your Ownership — and the License You Give Us

This is one of the most important sections. Please read it.

5.1 You keep ownership. You own the photos, videos, audio, text, and other materials you upload ("Your Content"). Nothing in these Terms transfers ownership of Your Content to us. It stays yours.

*5.2 The license you give us — and what it is for. So that we can actually run the Service for you, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license* to host, store, back up, reproduce, transcode, resize, reformat, adapt, and create derivative works from Your Content (for example, assembling it into the film and building the website), to transmit it to the subprocessors that help us operate (Section 8), and to publicly display and publicly perform it as part of delivering the Service to you and the people you share it with.

5.3 This license is limited to running the Service. We take this license only to operate, provide, secure, back up, and support the Service and to produce the deliverables you ask us to create. This is not an "any purpose" license, and it is not a marketing license. We describe what we will and will not do in Section 12.

5.4 The license lasts as long as we host your tribute or site. Because we promise your site and film do not expire (Section 9), the license in Section 5.2 continues for as long as we host the relevant content, even if your subscription lapses — but only for the limited purposes in Section 5.3, and always subject to your right to delete content and to the removal rights in Section 11.

5.5 Feedback. If you send us suggestions or ideas about the Service, we may use them freely without obligation to you.

6. Contributor and Guest Terms (for People Without an Account)

6.1 Who this section is for. If you upload content to someone else's campaign — usually through a QR code or a shared link, and often without creating an account — you are a Contributor, and this section is your agreement with us and with the Host.

6.2 Your click matters. Before you upload, you will check a box agreeing to these Contributor Terms. That affirmative agreement is what lets us and the Host use what you share. Please only check it if the statements below are true.

6.3 The license you grant. You keep ownership of what you upload. You grant us and the Host the same license described in Section 5.2, for the same limited purposes described in Section 5.3 — so that your photos and videos can be assembled into the film and shown on the campaign website.

6.4 Your promises (representations). By uploading, you represent and warrant that:

6.5 Your indemnity. You agree to the indemnification obligation in Section 17 for the content you upload.

6.6 Removing your own contribution. Even without an account, you can ask us to remove content you uploaded. Use the removal link associated with your upload, or contact [SUPPORT_EMAIL]. Because content may already have been assembled into a film or cached, please allow reasonable time for removal to propagate (Section 11.5).

7. Content Depicting Minors

7.1 Why this section exists. Weddings and tributes include children. We want their images treated with special care.

7.2 Your promise. If you upload content depicting anyone under 18 (or the age of majority where they live), you represent that you are the child's parent or legal guardian, or that you have obtained the consent of the child's parent or guardian, to upload that child's image and voice, to have it processed by AI, and to have it hosted and shared as part of the campaign.

7.3 No accounts for children. Consistent with Section 2, account holders must be 18+, and no one under 13 may create an account. A child appearing in a photo is a subject, not a user.

7.4 A parent's or guardian's right to remove. A parent or legal guardian may ask us to remove a child's image or voice at any time by contacting [SUPPORT_EMAIL]. We will act on verified requests promptly, subject to reasonable propagation time (Section 11.5).

7.5 Sensitive-data note. Faces and voices processed by AI may be treated as biometric or sensitive information under some state and international laws. See the [Privacy Policy] for how we handle this and for applicable consents.

8. AI Processing of Faces, Voices, and Content

8.1 What we do. To assemble your film and build your site, our systems process Your Content with artificial intelligence — including analyzing images, transcribing audio, arranging clips, and generating website text and layout.

8.2 Content is sent to third-party AI providers. To do this, we transmit Your Content — including images and recordings of identifiable people's faces and voices — to third-party AI subprocessors, principally Anthropic (Claude) for assembly and site generation, and, if managed transcription is used, Deepgram. By using the Service, and (for Contributors) by uploading, you acknowledge and direct this processing. Additional detail is in the [Privacy Policy].

8.3 Our training commitment. We do not use Your Content to train our own general-purpose AI models, and we contractually require our AI subprocessors not to use it to train their models. We think this matters, especially in a grief context, and we have chosen it deliberately.

8.4 No fabricated performances without consent. We will not use AI to create a synthetic "deepfake" performance — putting words in a person's mouth or fabricating actions they did not take — of any identifiable person without specific consent.

8.5 AI output may be imperfect. AI-assembled results can contain errors, odd edits, mis-transcriptions, or choices you would not have made. Please review your film and site. You can request changes and re-renders. The output is provided to help you, not as a guaranteed or professionally edited production.

9. "Never Expires," "Export Everything," and "No Watermark / No Ransom"

These are core promises we make in our marketing. This section defines them precisely so they are enforceable and so there is no gap between what we say and what we do.

9.1 "Never expires" — defined.

9.2 "Export everything" — defined. While your subscription is active, and during the export-notice window after any cancellation or lapse, you may download your original-quality files and a high-resolution copy of your film with one click, at any time. This is a binding commitment. It is not restricted by the downgrade or takedown provisions, except that content lawfully removed under Section 11 may no longer be available to export.

9.3 "No watermark / no ransom" — defined. We will never watermark, paywall, or withhold content we have delivered to you as a way to pressure payment. A downgrade under Section 9.1(c) changes the quality/tier of files available for download; it never blocks public viewing of your tribute and never brands it. Delivered content is not held hostage.

9.4 How this reads against other sections. Where any general provision of these Terms (for example, a termination or suspension clause) could be read to conflict with this Section 9, this Section 9 controls, except in the narrow for-cause and wind-down situations expressly described in Sections 11 and 21.

10. Subscriptions, Billing, Auto-Renewal, and Non-Payment (Summary)

This is a summary. Full billing, refund, domain, and cancellation details are in the [Billing Terms], which are incorporated by reference. Where this summary and the [Billing Terms] differ, the [Billing Terms] control on billing mechanics.

10.1 What is billed. The Service offers (a) a one-time film/production fee for certain productions, and (b) a recurring site + domain subscription. Applicable taxes may be added.

10.2 Auto-renewal and your consent. Recurring plans automatically renew at the then-current price until you cancel. Before you are charged, we clearly disclose the renewal price, billing frequency, term, and how to cancel, and we obtain your separate affirmative consent to auto-renewal. We send a receipt with the renewal terms and cancellation steps.

10.3 Cancelling. You can cancel any time from an in-account "Cancel Subscription" control that is at least as easy to use as signing up. No phone call or live agent is required. When you cancel, you keep access through the end of the paid period.

10.4 Price changes. We give you advance notice of any change to your renewal price (at least [7] and no more than [30] days before it takes effect, consistent with applicable law) and a chance to cancel before the new price applies. Changes take effect only at renewal.

10.5 Refunds. Refund rules differ for the two tracks — a satisfaction window for the one-time film fee, and no partial-period refund for cancelled subscriptions (you keep access through the paid period). See the [Billing Terms].

10.6 Non-payment and site takedown — the humane version. If a payment fails, we will notify you and give you a chance to fix it. If it is not resolved: (a) any custom domain may lapse and be handled by the registrar under its rules (Section 15); (b) your site remains live in web-quality, if necessary at a fallback subdomain — it never goes dark and is never watermarked; and (c) original-quality files downgrade to compressed derivatives only after the export-notice window in Section 9.1(c). Non-payment never deletes your tribute.

10.7 Chargebacks. If you believe there is a billing error, please contact us first at [SUPPORT_EMAIL]. Initiating a chargeback instead of contacting us is a breach of these Terms and may lead to suspension of paid features and our recovery of associated costs — but, consistent with Section 9.3, we will not hold your already-delivered, web-quality tribute hostage.

11. Content Removal and Takedown

11.1 Copyright (DMCA). We respond to valid notices under the U.S. Digital Millennium Copyright Act. See Section 14 for our designated agent and the notice/counter-notice process, and for our repeat-infringer policy.

11.2 Removing your own likeness. If you appear in content on the Service and did not consent, you may request removal of your own image or voice by contacting [SUPPORT_EMAIL], even if you do not have an account.

11.3 Families and next of kin (memorials). For a memorial tribute, an authorized next of kin, estate representative, or steward may request removal or correction of a deceased person's likeness. See Section 18 for contested-tribute handling.

11.4 Our right (not obligation) to remove. We may, but are not required to, review, screen, refuse, or remove content that we believe violates these Terms or the law. A Host may also remove a Contributor's content from their campaign.

11.5 Propagation time. Once content is assembled into a film, cached, published to a live site, or exported, removing it everywhere takes time. We will use commercially reasonable efforts to remove or re-render, and we ask for reasonable time to do so.

11.6 Non-consensual intimate imagery — an expedited, separate channel. We prohibit non-consensual intimate imagery. If you believe such an image of you has been shared through the Service, contact [NCII_REMOVAL_EMAIL] for expedited removal. This channel is separate from, and in addition to, the DMCA process, and you do not need to claim copyright to use it.

12. How We Use Your Content — Product Yes, Marketing No

12.1 To run and improve the Service. We use Your Content to operate, secure, support, and provide the Service and to produce your deliverables. We may use de-identified or aggregated information to improve the Service.

12.2 Not for marketing without your separate opt-in. We will not use Your Content, your film, or your site in our advertising, testimonials, case studies, social posts, or other promotion unless you give us separate, specific, opt-in consent for that particular use. Silence is not consent, and agreeing to these Terms is not that consent.

12.3 No sale of your content or personal information. We do not sell Your Content. See the [Privacy Policy] for our no-sale, no-cross-context-advertising posture.

13. Acceptable Use

You agree not to use the Service to upload, create, or share content, or to take actions, that:

We may suspend or terminate access for violations, consistent with Sections 9 and 21.

14. Copyright and the DMCA

14.1 Designated agent. If you believe content on the Service infringes your copyright, send a written notice to our DMCA Designated Agent, who is registered with the U.S. Copyright Office:

[DMCA_AGENT_NAME] [COMPANY_LEGAL_NAME] [DMCA_AGENT_PHYSICAL_ADDRESS] Email: [DMCA_AGENT_EMAIL]

14.2 What your notice must include. (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and enough information for us to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that your notice is accurate and you are authorized to act.

14.3 Counter-notice. If your content was removed and you believe that was a mistake or misidentification, you may send a counter-notice with the elements required by the DMCA. We will follow the statutory process before restoring content.

14.4 Repeat infringers. We will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

15. Custom Domains

15.1 Registrar pass-through. If you register a custom domain through us, we act as a reseller. Your registration is also governed by the upstream registrar's registration agreement and by ICANN policies (including the RAA, UDRP, and redemption/grace-period rules), which are incorporated by reference, and which you accept when you register. You are the registrant of record.

15.2 Domain fees, renewal, and loss. Domain registration and renewal fees are non-refundable pass-through charges. Domains auto-renew unless you turn that off; we send renewal reminders before expiration. If a domain lapses, it follows the registrar's grace, redemption (which may carry a non-refundable restore fee), and deletion process, and the registrar may renew, delete, or transfer it at its discretion. You are responsible for keeping your payment method current. We are not liable for the loss of a domain due to a lapse, failed payment, or registrar action.

15.3 The domain is separate from "never expires." Your site's free, lasting hosting (Section 9) does not depend on the custom domain. If a domain lapses, your tribute remains available (for example, at a fallback subdomain).

16. Guest-List Import and Contacting Others

16.1 If you import contacts. If you (as a Host) import a guest list or contacts — names, emails, phone numbers — you represent that you have the right and any required consent to provide that information to us and to have invitations or messages sent to those people. You are the sender and the controller of that data; we act as your processor as described in the [Privacy Policy].

16.2 Anti-spam. You agree to comply with anti-spam and communications laws (including CAN-SPAM and, where applicable, the TCPA), and with CCPA/CPRA and GDPR where they apply. We may suppress contacts on request and may suspend features that are being used to send unlawful messages.

17. Indemnification

To the fullest extent permitted by law, you (whether you are a Host or a Contributor) agree to defend, indemnify, and hold harmless us, our affiliates including Real Impact, and our officers, employees, and agents from and against any third-party claims, damages, losses, and reasonable costs (including reasonable attorneys' fees) arising out of or related to: (a) content you upload or create; (b) your breach of these Terms or your representations (including the consent representations in Sections 6, 7, and 8, and the import representation in Section 16); (c) your violation of any law or of any third party's intellectual property, privacy, or publicity rights; or (d) a dispute between you and any other person over a campaign, tribute, or contribution.

18. Memorials and Deceased or Ill Individuals

18.1 Authority to create a memorial. If you create or host a memorial or a healing-journey tribute, you represent that you have the authority to do so — for example, as next of kin, as an estate representative, or with the consent of the living subject — and that you have the authority to upload media depicting the deceased or ill person.

18.2 Post-mortem rights vary by state. Rights of publicity and privacy relating to a deceased person differ significantly from state to state. You are responsible for having the authority your jurisdiction requires.

18.3 A steward for a lasting tribute. Because a tribute may outlive its creator, you may designate a steward or legacy contact who can manage, claim, or request takedown of the tribute. See the [Privacy Policy] and account settings for how to do this.

18.4 Contested tributes. Grief can bring disagreement. If family members dispute a tribute, contact us at [SUPPORT_EMAIL]. We will handle these situations with care, but we are not a court and cannot adjudicate family disputes. We may, at our discretion, restrict, transfer, or take down a contested tribute pending resolution, prioritizing the wishes of the person with clearest authority and the dignity of the subject.

19. Recipient Thank-You Videos

If you are a Recipient or honoree and you record a thank-you video, you grant the license in Section 5.2 for that video and you authorize us to distribute it to the campaign's contributors (who may be anonymous). By participating in a campaign, contributors consent to receive the Recipient's thank-you video. You are responsible for the content of your thank-you video under Section 13.

20. Platform Intellectual Property

20.1 What we own. As between you and us, we and our licensors (including Real Impact) own all rights in the Service — including the software and monorepo code, the AI assembly and site-generation pipelines and prompts, the Project JSON and Site JSON contracts, templates, designs, and the selection, arrangement, and compilation that make up the Service — and all associated trademarks, including FLOWERS, AMARANTH, and Real Impact marks. Nothing in these Terms gives you rights in any of that except the limited right to use the Service.

20.2 What you get. As the Host, the finished film and website content for your campaign are your deliverable to keep, use, and export. We grant you (or confirm you hold) the rights you need to use them for personal, non-commercial purposes, and we will not paywall or ransom them (Section 9). Contributors receive a license to view and download their own contributions, but not ownership of the assembled film or site as a whole.

20.3 A note on AI-generated output. Under current U.S. law, purely AI-generated material may not be protected by copyright. To the extent the assembled film or generated site includes such material, we do not claim copyright ownership of it against you; our rights are in the platform, pipeline, templates, and contracts described in Section 20.1, and your rights are the practical, non-exclusive rights to use and export your deliverable.

21. Suspension and Termination

21.1 By you. You may stop using the Service or cancel your subscription at any time (Section 10.3). Because your tribute does not expire, cancelling your subscription is not the same as deleting your content; if you want your content deleted, tell us at [SUPPORT_EMAIL] or use the in-account controls.

21.2 By us — for cause. We may suspend or terminate your access, or remove specific content, if you materially breach these Terms (including Section 13), if required by law or a valid legal request, or to protect the Service or others from harm. We will aim to give notice and, where appropriate, a chance to cure.

21.3 Reconciled with "never expires." Except in the for-cause situations in Section 21.2 or a wind-down under Section 21.4, we will not delete your tribute, and non-payment alone never results in deletion (Section 9). Even where we terminate for cause, we will, where lawful and reasonable, offer you a window to export your content first.

21.4 Service wind-down. If we ever decide to discontinue the Service, we will give reasonable advance notice and make a bulk export of your content available before shutdown, so that our "never expires" promise degrades gracefully rather than vanishing.

21.5 Survival. Sections that by their nature should survive termination — including Sections 5 (license, as limited), 12, 13, 14, 17, 20, 22, 23, and 24 — survive.

22. Disclaimers

22.1 "As is" and "as available." To the fullest extent permitted by law, 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. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that AI output will be accurate or meet your expectations.

22.2 Keep your own copies. Because these are precious, sometimes irreplaceable memories, we strongly encourage you to use the export feature (Section 9.2) to keep your own original-quality copies. Our commitments in Section 9 are real, and we back them with genuine backup discipline — but keeping your own copy is the surest protection, and this disclaimer is not our only safeguard.

22.3 Third-party services. The Service relies on third parties (Section 8 and the [Privacy Policy]) and may link to third-party sites. We are not responsible for third-party services or content.

23. Limitation of Liability

23.1 No indirect damages. To the fullest extent permitted by law, we and our affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, even if we were advised of the possibility.

23.2 Cap. To the fullest extent permitted by law, our total liability arising out of or relating to the Service and these Terms will not exceed the greater of (a) the total amounts you paid us in the 12 months before the event giving rise to the claim, or (b) US$100.

23.3 Time limit. Any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after the claim arose, or it is permanently barred, unless a longer period is required by applicable law.

23.4 A word of honesty. We know a wedding film or a memorial cannot be measured in dollars, and no cap can. That is exactly why we build in the export and keep-your-own-copies affordances (Section 22.2) and real backups. These limits allocate legal risk so we can offer the Service; they are not a statement about what your memories are worth. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

24. Dispute Resolution — Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS.

24.1 Let's talk first (mandatory informal resolution). Before starting arbitration, you and we agree to try to resolve the dispute informally. Send a written description of your dispute to [LEGAL_NOTICE_EMAIL]. The parties will then, in good faith, meet and confer by telephone or videoconference to try to resolve it. Neither party may begin arbitration until [60] days after this notice (or [90] days for disputes about billing or content, if you prefer to give us more room). This step is a prerequisite to arbitration.

24.2 Binding individual arbitration. If we cannot resolve it, you and we agree that any dispute will be resolved by binding, individual arbitration administered by [ARBITRATION_PROVIDER, e.g., AAA] under its consumer arbitration rules, rather than in court, except as stated below. The Federal Arbitration Act governs this section.

24.3 Class-action and jury waiver. You and we agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any class proceeding. You and we waive any right to a jury trial.

24.4 Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect intellectual property or confidential information. These do not waive the rest of this section.

24.5 30-day opt-out. You may opt out of this arbitration agreement (Sections 24.2–24.3) by emailing [ARBITRATION_OPT_OUT_EMAIL] with the subject line "ARBITRATION OPT-OUT," including your name and account email, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

24.6 Changes to this section. If we materially change this Section 24 after you accept it, you may reject the change by notifying us within 30 days, in which case the most recent version you accepted before the change will govern.

25. Changes to These Terms

We may update these Terms. If we make material changes, we will provide reasonable notice (for example, by email or an in-Service notice) before they take effect. Your continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and, if you wish, export your content. Special notice rules apply to changes to the arbitration section (Section 24.6).

26. General Terms

26.1 Entire agreement. These Terms, together with the [Privacy Policy], the [Billing Terms], and the [Contributor Upload Agreement], are the entire agreement between you and us about the Service and supersede prior agreements on that subject.

26.2 Severability. If any provision is found unenforceable, the rest remains in effect, and the unenforceable provision will be limited to the minimum extent necessary.

26.3 No waiver. Our not enforcing a provision is not a waiver of it.

26.4 Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, subject to the wind-down protections in Section 21.4.

26.5 Force majeure. Neither party is liable for failures caused by events beyond its reasonable control.

26.6 Notices. We may give you notice by email, through the Service, or by posting. You may reach us at [SUPPORT_EMAIL] or the addresses in Sections 14 and 27.

26.7 Relationship of the parties. These Terms do not create any partnership, agency, or employment relationship between you and us.

27. Governing Law and the Company You Are Contracting With

27.1 The correct entity. The Service is provided by a specific operating entity depending on the brand you are using. Real Impact owns the underlying platform and licenses it to each brand (Decision D-018). Your contract is with the operator of your brand:

References to "we," "us," and "the Service" mean the operating entity for your brand. This structure preserves the licensing relationship and the separate responsibilities of each entity.

27.2 Governing law and venue. These Terms are governed by the laws of the State of [GOVERNING_STATE], without regard to conflict-of-laws rules. Subject to Section 24 (arbitration), the exclusive venue for any permitted court proceeding is the state and federal courts located in [VENUE_COUNTY], [GOVERNING_STATE], and you consent to their jurisdiction. (Counsel to confirm the correct governing state and venue per operating entity; these may differ between FLOWERS and AMARANTH.)

28. How to Reach Us

Thank you for trusting us with something this important. We do not take it lightly.

DRAFT — pending legal review; not legal advice. v0.1 · 2026-07-09