Terms of Service

The Service is offered on a free-to-start basis with paid options. Current plans are:

• Free 30-Day Trial — $0. Limited features and storage. The trial does NOT auto-convert to a paid plan. At the end of the trial period, the account becomes read-only: you keep your account and your content, but you cannot create new Alohagrams or upload new content unless you upgrade.
• Ohana Plan — $29.99 per year (billed annually; there is no monthly plan). Full access to recurring and specific-date Alohagram features, 10 GB photo storage, up to 15 active Alohagrams, up to 50 photos per Alohagram, up to 4 recipients per Alohagram, and all delivery cadences. Recurring annual subscription; auto-renews each year until cancelled.
• A 30-day full-refund window applies to new Ohana Plan purchases and to each annual renewal.
• Tribute Pro — $49 one-time. A single Tribute (group memorial or celebration), 5 GB storage, up to 100 recipients, up to 100 contributors, one year of delivery, then read-only. This is a one-time purchase, NOT a subscription. It does NOT auto-renew.

Current pricing and the most up-to-date feature breakdown are displayed on our Pricing page. Price changes are governed by Section 5.6 below.

All fees are billed in U.S. dollars and processed by Stripe. The Ohana Plan subscription is billed annually and will auto-renew at the then-current price unless cancelled prior to the renewal date. One-time purchases (Tribute Pro) are charged at the time of purchase and are non-recurring.

Stripe handles all payment processing directly. We never see or store your full credit card number. You are subject to Stripe's terms in addition to ours for the payment transaction itself.

You may cancel your subscription at any time through the Stripe Customer Portal accessible from your account settings, or by contacting support@sharethealoha.com. Cancellation is one-click and takes effect at the end of the current billing period. We do not require you to call, chat, or speak with anyone to cancel. No partial refunds are issued for unused portions of a subscription period, except as described in Section 5.5 (refund window).

When you cancel a paid subscription and your account reverts to the Free tier or read-only state, the following applies:

• Content retention: All content you have uploaded to the Service will remain stored safely and securely. The Company does not delete any of your content as a result of a subscription cancellation or downgrade.
• Delivery continuity: All Alohagrams (scheduled deliveries) already created will continue to be delivered on their scheduled dates regardless of your subscription status.
• Storage: The Company reserves the right to impose reasonable storage limits to prevent abuse, in which case affected users will be notified and given a reasonable opportunity to manage their content before any reduction in service.
• Account access: You will retain full access to view, manage, and delete your existing content, recipients, and scheduled deliveries while in a read-only state.

By subscribing to a paid plan, you acknowledge and agree to these cancellation terms.

Our refund posture, by product:

• Free 30-Day Trial: nothing is charged, nothing to refund.
• Ohana Plan: Full refund within 30 days of purchase or annual renewal. After the 30-day window, no partial refunds. You may cancel anytime; service continues through the end of your paid year.
• If you cancel before your renewal date, we will not auto-renew or charge you again.
• Tribute Pro: Refundable in full up until the first scheduled delivery goes out. Once the first delivery has been sent, the purchase is non-refundable because the Service has begun substantial performance. To request a refund, contact support@sharethealoha.com before the first delivery date shown on your Tribute's dashboard.

The Company reserves the right to change subscription prices and any one-time purchase prices at any time. We will provide at least 30 days' advance written notice of any price increase to existing subscribers via email or by posting a prominent notice within the Service.

• Ohana Plan: price changes take effect at your next annual renewal following the 30-day notice period. Your current annual rate is locked in for the remainder of your paid term.
• Ohana Plan is billed annually only; there is no monthly billing cycle.

If you do not agree to a price change, you may cancel your subscription before it takes effect. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

One-time purchases (Tribute Pro) are not affected by future price changes — you pay the price in effect at the time of purchase.

To the extent the Federal Trade Commission's Negative Option Rule (16 CFR Part 425) or any state auto-renewal law applies, you should know the following before subscribing:

• Ohana Plan auto-renews every year at the then-current price, charged to the payment method on file, until cancelled.
• Ohana Plan is annual-only — there is no monthly subscription.
• Tribute Pro does NOT auto-renew. It is a one-time purchase that delivers for one year, then becomes read-only.
• To cancel: use the Stripe Customer Portal from your account settings, or email support@sharethealoha.com. Cancellation is one-click and does not require speaking with a representative.
• Renewal reminders: for your annual Ohana Plan subscription, we will email you a reminder at least 7 days before each annual renewal so you have time to cancel if you wish.

By purchasing a paid plan, you affirmatively acknowledge that you have read and understand these auto-renewal terms.

Free Trial accounts are subject to storage limits and feature restrictions as published on the Pricing page. The Company reserves the right to modify free trial terms with reasonable notice.

You may use the Service only to:

• Share personal, original, or lawfully licensed media with individuals you have a genuine personal relationship with; and
• Schedule delivery of personal messages to friends, family members, and loved ones.

You may not upload, store, schedule for delivery, or transmit content that:

• Is sexually explicit, pornographic, or contains nudity of any kind involving minors — this is an absolute prohibition. Any such material identified on the Service will result in immediate account termination, retention of all evidentiary data, referral to law enforcement, and reporting to the National Center for Missing & Exploited Children (NCMEC) in accordance with 18 U.S.C. § 2258A.
• Depicts an identifiable person without their consent in any non-public, intimate, or otherwise sensitive context — including, without limitation, intimate imagery shared without consent (sometimes called “revenge porn”), hidden-camera footage, up-skirt photography, or imagery taken in spaces where the subject had a reasonable expectation of privacy.
• Constitutes a “deepfake” or other AI-generated, AI-modified, or digitally manipulated depiction of a real, identifiable person in a manner intended to deceive viewers into believing that person said or did something they did not.
• Exposes private or identifying information about a third party without their consent (sometimes called “doxing”) — including home address, personal phone number, government identifier, medical information, financial information, or other information that the subject has not made public.
• Is harassing, threatening, abusive, intimidating, defamatory, or designed to cause emotional distress;
• Is obscene, offensive, hateful, or promotes discrimination on the basis of race, ethnicity, religion, gender, sexual orientation, disability, or national origin;
• Depicts, glorifies, or promotes violence, self-harm, suicide, or illegal activity;
• Infringes the intellectual property, privacy, or other rights of any third party; or
• You do not have the right to share under any applicable law.

For a full explanation of our consent expectations and the specific categories of non-consensual content we prohibit — including the additional consent considerations that apply when content is uploaded by Tribute contributors on behalf of someone else — see our Non-Consensual Content Policy.

• No unsolicited messages. You may only send Alohagrams to individuals who know you personally and would welcome receiving personal messages from you. The Service is not a tool for cold outreach, marketing, or contacting strangers.
• No harassment or stalking. Repeatedly sending unwanted messages to any individual — including those who have opted out — is strictly prohibited.
• No impersonation. You may not create an account or send content that falsely implies you are another person or entity.
• No circumvention of security. You may not attempt to access accounts other than your own, reverse-engineer the platform, or exploit any vulnerability.
• No commercial use. The Service may not be used to send commercial advertising or solicitation without our express written consent.
• No re-contacting opted-out recipients. Re-adding recipients who have opted out is a violation of these Terms and applicable anti-spam laws.

If you receive unwanted, harassing, or inappropriate content delivered through the Service, you may report it by:

• Clicking the "Report this email" link included at the bottom of every Alohagram delivery email; or
• Contacting us directly at support@sharethealoha.com.

All reports are reviewed by the Company and taken seriously. We may follow up with the reporter for additional information if needed.

The Company enforces these Terms through a graduated process. Depending on the nature and severity of the violation, the Company may take any or all of the following actions, in any order, at its sole discretion:

• Warning: A written notice to the account holder identifying the specific violation and requiring immediate corrective action.
• Suspension: Temporary restriction of the account holder's access to the Service and immediate halt of all scheduled Alohagram deliveries. During suspension, the account holder may access account settings but may not upload content, create new Alohagrams, or send deliveries. Suspension may be lifted upon satisfactory resolution of the violation.
• Termination: Permanent deletion of the account and all associated data, including uploaded media, scheduled deliveries, and recipient lists. Termination is irreversible.
• Legal referral: Referral to law enforcement or other appropriate authorities, particularly in cases involving content that exploits minors, credible threats of violence, stalking, or other illegal activity.

The Company reserves the right to bypass the graduated process and proceed directly to suspension or termination for severe violations, including but not limited to: content involving minors, credible threats, stalking, impersonation, or illegal activity.

Upon receiving a report, the Company will investigate the matter within a reasonable timeframe, typically within five (5) business days. During an investigation, the Company may review the reported content, delivery history, and account activity of the reported user. The Company may, at its discretion, temporarily suspend the reported account pending the outcome of the investigation.

The Service offers "Tribute Alohagrams," a feature that allows a registered user (the "Host") to invite other people ("Contributors") to upload photographs and written remembrances about a shared subject — for example, a memorial for a person who has passed away, or a group celebration. Contributed content is delivered over time to the Tribute's recipients and archived in a shared album that Contributors may view and comment on.

Invitations to a Tribute are sent only by the Host, or by a backup administrator (a “Co-Admin”) the Host designates. There is no public or self-serve way to join a Tribute; the Host (and any Co-Admin) controls who is invited and remains responsible for the participants and content of that Tribute.

Taking part in a Tribute — whether to contribute photos and stories, post comments, or receive the Tribute's deliveries — requires a free Share The Aloha account. When an invited person creates their account, they affirmatively agree to these Terms and our Privacy Policy at sign-up. Requiring an account ensures every participant is an identifiable, accountable account holder, which supports our content-moderation and repeat-infringer policies.

By uploading any photograph, story, caption, or comment to a Tribute, you represent and warrant that:

• You own the content or otherwise have all rights and permissions necessary to share it;
• You have the consent of any identifiable living person who appears in or is described by the content, to the extent required by law;
• If the content depicts children (anyone under 18): you have the consent of each child's parent or legal guardian to share that content through the Service.
• The content does not infringe the intellectual property, privacy, or publicity rights of any third party; and
• The content is not unlawful, defamatory, harassing, or otherwise in violation of Section 6 (Acceptable Use Policy).

You grant the Company the same limited license described above to store, process, and transmit Tribute content for the purpose of operating the Tribute and delivering it to its recipients. You retain ownership of your content.

The same rights-and-permissions representations apply to any Sender (not just Tribute Contributors) who uploads content depicting identifiable third parties to the Service.

The Company does not pre-screen or pre-approve Tribute content; uploaded items become eligible for delivery immediately. The Company acts as a platform that hosts and transmits content created by its users; it is not the author or editor of Tribute content. Moderation of a Tribute is primarily the responsibility of the Host and any Co-Admin the Host designates, who may remove any item, remove any comment, and remove any Contributor (which removes that Contributor's items and comments from the Tribute) at their discretion. The Company does not police Tribute content at scale but will act on valid reports of content that violates these Terms through the reporting mechanism in every delivered email, and will terminate the accounts of repeat infringers.

Many Tributes memorialize a person who has died. By creating or contributing to such a Tribute, you represent that you have a genuine personal connection to the subject and a good-faith purpose, and you agree to treat the subject and other people depicted with dignity and respect. The Company reserves the right, but assumes no obligation, to remove a Tribute or any content within it in response to a credible objection from the subject's family or another party with a legitimate interest, or where required by law.

Before the first delivery of a recurring Alohagram (daily, weekly, biweekly, or monthly cadence) or any Tribute Alohagram, the Company sends the intended recipient a single opt-in email that previews the content and lets the recipient explicitly accept or decline. A decline is permanent for that sender-recipient pair. The Company will not send any recurring or Tribute deliveries to a recipient who has not affirmatively accepted, and the Company will not re-invite a recipient who has declined.

One-time, specific-date Alohagrams (such as a birthday or anniversary email) are delivered as a single message with a clear unsubscribe link in the footer, rather than a pre-delivery opt-in step. Recipients can unsubscribe with one click and that unsubscribe is permanent for that sender-recipient pair.

Every delivery email — recurring, Tribute, or specific-date — includes a one-click unsubscribe link. Any recipient may permanently opt out of receiving further messages from a specific Sender at any time using that link. Unsubscribes are honored immediately, in any event no later than the next scheduled cron tick.

Recipients may access a preferences portal from any delivery email to adjust delivery frequency, pause messages temporarily, or unsubscribe entirely. The preferences portal does not require account creation.

Every delivery email includes a “Report this email” link. Recipients may report abusive, unwanted, or inappropriate content at any time. Reports go to report@sharethealoha.com and are reviewed by the Company's Trust & Safety process.

Recipients may request deletion of their information from our system at any time by contacting support@sharethealoha.com. See our Privacy Policy for the full data-rights framework.

The Service — including but not limited to its software, source code, object code, algorithms, architecture, database schemas, user interface designs, visual elements, trademarks, trade names, logos, service marks, and all documentation — is the exclusive property of Share The Aloha, LLC and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. All rights not expressly granted herein are reserved.

You may not, and may not permit any third party to:

• Copy, reproduce, modify, adapt, translate, or create derivative works based on any part of the Service or its underlying technology;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data models, or underlying structure of the Service;
• Access the Service for the purpose of building a competitive product or service, or copying any features, functions, or user interface;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Service;
• Sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or any portion thereof;
• Use any automated means (including bots, scrapers, spiders, crawlers, or similar technologies) to access, monitor, or copy any content or data from the Service; or
• Attempt to gain unauthorized access to the Service, its servers, databases, or any related systems or networks.

"Share The Aloha," the Share The Aloha logo, "Alohagram," and all related names, logos, product and service names, designs, and slogans are trademarks of Share The Aloha, LLC. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

If you provide any suggestions, ideas, or feedback regarding the Service ("Feedback"), you assign to the Company all right, title, and interest in such Feedback and agree that the Company shall be free to use, implement, and commercialize such Feedback without obligation to you.

The restrictions in Section 10.2 (including the prohibition on reverse engineering and on attempting to gain unauthorized access) do not prohibit good-faith security research conducted in compliance with our Responsible Disclosure Program. The Company will not pursue legal action against security researchers who: (a) make a good-faith effort to comply with the guidelines published on that page, (b) report vulnerabilities promptly and only to the Company before any public disclosure, (c) avoid privacy violations, destruction of data, and interruption or degradation of our Service during research, and (d) do not otherwise violate applicable law. If in doubt about whether a planned test crosses a line, contact security@sharethealoha.com before testing.

The Company may suspend or terminate your account for:

• Any violation of these Terms, including the Acceptable Use Policy (Section 6);
• Conduct harmful to other users, recipients, or third parties;
• Fraudulent, abusive, or illegal activity;
• Extended inactivity (more than 3 years) on free tier accounts; or
• Request of law enforcement or a court of competent jurisdiction.

When an account is suspended, all scheduled Alohagram deliveries are immediately halted. The account holder may access their account settings but may not upload content, create or modify Alohagrams, or send any deliveries. The reason for suspension will be displayed to the account holder upon login.

Upon termination, the Company will permanently delete all account data, including uploaded media, scheduled deliveries, recipient lists, and any other data associated with the account. Termination is irreversible. No refunds will be issued for any prepaid fees.

If your account is suspended and you believe the action was taken in error, you may submit an appeal by contacting support@sharethealoha.com within thirty (30) days of the suspension. Appeals are reviewed within five (5) business days. The Company will notify you of the outcome of your appeal via the email address associated with your account. The Company's decision on any appeal is final.

You may terminate your account at any time by contacting support@sharethealoha.com. Upon voluntary termination, all account data will be permanently deleted. This action is irreversible. No partial refunds will be issued for unused subscription periods.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

• Loss of profits, revenue, business opportunities, goodwill, or anticipated savings;
• Loss of data, content, or digital media;
• Cost of procurement of substitute services;
• Service interruptions, delays, or failures in delivery of scheduled Alohagrams;
• Unauthorized access to or alteration of your transmissions or content;
• Failure or delay of any third-party service upon which the Service depends; or
• Any other intangible losses arising out of or in connection with these Terms or your use of (or inability to use) the Service.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

While the Company makes commercially reasonable efforts to deliver Alohagrams on schedule, the Company does not guarantee the precise timing of any delivery. Delivery times may be affected by factors including but not limited to: third-party email provider policies, recipient spam filters, server load, scheduled maintenance, and force majeure events. The Company shall not be liable for any damages arising from delayed, missed, or failed deliveries of scheduled content.

YOU ACKNOWLEDGE THAT THE FEES CHARGED FOR THE SERVICE REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

The Company does not guarantee any specific level of availability, uptime, or performance of the Service. While the Company strives to maintain high availability, the Service may be temporarily unavailable due to scheduled maintenance, upgrades, emergency repairs, or circumstances described in Section 15 (Force Majeure).

The Company reserves the right to perform scheduled maintenance on the Service at any time. The Company will make reasonable efforts to provide advance notice of planned maintenance that may result in extended downtime, but is not obligated to do so for urgent or emergency maintenance.

In the event of any material Service disruption or interruption (other than those caused by a Force Majeure Event, which are governed by Section 15), the Company shall have a reasonable cure period of up to thirty (30) calendar days from the date it becomes aware of the disruption to restore normal Service operations. During this cure period, such disruption shall not constitute a breach of these Terms, provided the Company is using commercially reasonable efforts to resolve the issue.

The Company reserves the right to modify, suspend, or discontinue any feature or functionality of the Service at any time, with or without notice. For material changes that significantly reduce the functionality available to paid subscribers, the Company will provide at least thirty (30) days' advance notice via email or prominent notice within the Service. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or any feature thereof, except as specifically provided in Section 5 (Subscriptions).

If you believe content delivered through or stored on the Service infringes your copyright, please send a written DMCA notice to dmca@sharethealoha.com including:

• Your physical or electronic signature, or that of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing and information reasonably sufficient for us to locate it (e.g., the URL or a description of the Alohagram or Tribute and date of delivery);
• Your contact information (name, mailing address, telephone number, email address);
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Knowingly material misrepresentations in a DMCA notice may subject you to liability for damages under 17 U.S.C. § 512(f).

If your content was removed under a DMCA notice and you believe the removal was in error, you may submit a counter-notification to dmca@sharethealoha.com including: your signature; identification of the removed material and its prior location; a statement under penalty of perjury that you have a good-faith belief that removal was a mistake or misidentification; and your name, address, telephone number, and a statement consenting to the jurisdiction of the federal court for the judicial district in which you reside (or, if you reside outside the United States, the U.S. District Court for the District of Hawaii) and that you will accept service of process from the original complainant or their agent.

The Company has filed (or is in the process of filing) a designated agent for receipt of DMCA notifications with the United States Copyright Office. Until that filing is publicly posted, please direct DMCA notices to dmca@sharethealoha.com with subject line beginning “DMCA Notice — ”.

In accordance with the DMCA and other applicable law, the Company will, in appropriate circumstances, terminate the accounts of users who are determined to be repeat infringers.