Terms of Service

The Service is offered on a freemium basis. Paid subscription tiers provide access to additional features and storage. Current pricing and features for each plan are described on our Pricing page. Price changes are governed by Section 5.5 below.

All fees are billed in U.S. dollars. Subscriptions are billed on a recurring basis (monthly or annually) and will auto-renew unless cancelled prior to the renewal date. Any one-time purchases are charged at the time of purchase and are non-recurring.

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are issued for unused portions of a subscription period.

When you cancel a paid subscription and your account reverts to the Free tier, 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) that you have already created will continue to be delivered on their scheduled dates regardless of your subscription status.
• Storage: The Company provides generous storage for all users. The Company reserves the right to impose reasonable storage limits to prevent abuse, in which case affected users will be notified and given the opportunity to manage their content.
• Account access: You will retain full access to view, manage, and delete your existing content, recipients, and scheduled deliveries while in a read-only storage state.

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

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

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.

• Monthly subscribers: price changes take effect at the start of the next billing cycle following the 30-day notice period.
• Annual subscribers: price changes take effect at your next annual renewal date following the 30-day notice period. Your current annual rate is locked in for the remainder of your paid term.

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.

Any one-time purchases are not affected by future price changes — you pay the price in effect at the time of purchase.

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 and will result in immediate account termination and referral to law enforcement;
• 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.

• 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.

Contributors may participate without creating a password-based account, by following a secure link sent to their email address. Whether or not a Contributor maintains a traditional account, by uploading content, posting comments, or otherwise participating in a Tribute, the Contributor agrees to be bound by these Terms and our Privacy Policy. Contributors are required to affirmatively acknowledge these Terms and the Privacy Policy before uploading.

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;
• 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.

The Company does not pre-screen or pre-approve Tribute content; uploaded items become eligible for delivery immediately. Moderation of a Tribute is primarily the responsibility of the Host, who may remove any item, remove any comment, and remove any Contributor (which removes that Contributor's items and comments from the Tribute) at the Host's 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.

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.

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 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).