1. Scope of Service and Future Features
InviteWise provides an online platform designed to facilitate event planning and social coordination. The Service encompasses features that allow users to:
- Create, manage, and distribute digital invitations;
- Coordinate potluck sign-up lists and gift registries;
- Collect event-related contributions and administer cash fund payouts via third-party infrastructure.
Any new features, tools, enhancements, or updates introduced to the InviteWise platform after the "Last updated" date above shall automatically be incorporated into and governed by these Terms. Your integrated use of the Service is also subject to our Privacy Policy, which is hereby incorporated into these Terms by reference.
2. Geographic Restrictions & Foreign Regulatory Disclaimer
A. Blocked Regions & VPN Prohibition
The Service is hosted within the United States and is strictly intended for exclusive use by legal residents of the United States. The Service is not offered to, directed at, or permitted to be accessed from the following jurisdictions (collectively, "Blocked Regions"):
- The European Union and the European Economic Area (EEA);
- The United Kingdom;
- Switzerland;
- Canada;
- Australia.
InviteWise utilizes IP-based geolocation infrastructure to restrict traffic originating from Blocked Regions. Any attempt to circumvent, bypass, or mask your digital location—including through the utilization of Virtual Private Networks (VPNs), proxy servers, Tor network exit nodes, remote desktop protocols, or false residential declarations—constitutes a material breach of these Terms. Accounts, invitations, or cash funds created in violation of this geographic mandate will be permanently terminated without prior notice and without refund.
B. Disclaimer of Foreign Regulatory Obligations
Because the Service is not directed to or intended for users outside the United States, InviteWise does not consent to the jurisdiction of, and explicitly disclaims compliance with, any non-US privacy, consumer-protection, or e-commerce regulatory framework. This includes, but is not limited to: the EU GDPR, the UK GDPR, the Swiss Federal Act on Data Protection (FADP), Canada's PIPEDA and CASL anti-spam laws, and Australia's Privacy Act 1988. Any individual who accesses the Service from a Blocked Region does so entirely on their own initiative and at their own risk, and is solely responsible for any resulting legal consequences under local foreign jurisdictions.
3. Eligibility and Compliance Warranties
Use of the Service is void where prohibited by law. By accessing, registering for, or interacting with the Service, you represent and warrant that you meet all of the following eligibility criteria:
- Minimum Age Requirement: You are a natural person who is at least eighteen (18) years of age. Registration, account creation, and the utilization of any event coordination or cash fund features are strictly prohibited for individuals under 18.
- United States Residency: You are a legal resident of the United States and are accessing the Service from within the United States.
- Legal Capacity: You possess the full legal right, power, authority, and capacity to enter into, execute, and abide by these Terms.
- Trade Sanctions and Export Control Compliance: You represent and warrant that you are not located in a country subject to a U.S. Government embargo, and you are not personally named on, controlled by, or acting on behalf of any individual on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals (SDN) list administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury.
If you do not meet all of these requirements, or if you are barred from receiving the Service under the laws of the United States or other applicable jurisdictions, you must immediately terminate your account and cease using the Service. If we discover or suspect that an account does not meet these eligibility criteria, we reserve the right to suspend or terminate the account immediately without notice.
4. Your Account, Content, & Acceptable Use Policy
A. Account Responsibility & Security
You are solely responsible for maintaining the confidentiality of your account credentials and password. You agree not to transfer, lend, or share access to your account with any third party. You are exclusively liable for any and all activities, creations, and transactions that occur under your account. You agree to notify InviteWise immediately at support@invitewise.app of any unauthorized access or breach of security relating to your account.
B. Content License & Ownership
You retain full ownership of all intellectual property, data, text, and materials you upload to the Service (including event titles, descriptions, photographs, registry listings, potluck items, and RSVP responses). By uploading or transmitting materials, you grant InviteWise a worldwide, non-exclusive, royalty-free, fully sublicensable, and transferable license to host, store, display, reproduce, transmit, modify, and adapt that content solely for the purpose of operating, protecting, analyzing, marketing, and improving the Service.
C. Guest Contact Warranties (Anti-Spam & TCPA)
If you utilize the Service to distribute invitations, event reminders, potluck notifications, or cash fund updates via email or SMS/text messaging, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED THE EXPLICIT, INFORMED CONSENT of each recipient (guest) to be contacted through the Service. You shall not utilize the platform for unsolicited messaging, phishing, or marketing spam. You agree that InviteWise acts strictly as a technical facilitator and is not liable for any communication sent to a recipient without valid consent under the Telephone Consumer Protection Act (TCPA) or CAN-SPAM Act.
D. Strict Restrictions on Use & Prohibited Conduct
You explicitly agree that you will not upload, post, transmit, or distribute any material, or engage in any behavior on the platform, that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, vulgar, obscene, or invasive of another's privacy;
- Depicts hate speech, racism, bigotry, or encourages physical violence against any individual or collective group;
- Sexually exploits, abuses, endangers, or references minors in an inappropriate or illegal manner;
- Infringes upon any third-party patent, trademark, copyright, trade secret, or right of publicity without explicit legal authorization from the rights holder;
- Contains software viruses, Trojan horses, worms, time bombs, spyware, or any malicious digital code intended to disrupt, damage, or monitor platform operations or hardware infrastructure;
- Constitutes unsolicited commercial solicitations, "junk mail," "chain letters," multi-level marketing pitches, or unapproved investment schemes;
- Impersonates any individual or entity, including fake profiles of InviteWise personnel, hosts, or corporate partners.
E. Platform Infrastructure Protection
You are strictly prohibited from: (i) interfering with, overloading, or disrupting the operational capacity of the servers or network architectures supporting the Service; (ii) attempting to gain unauthorized access to hidden directories, alternative user accounts, or connected systems via hacking or security scanning; (iii) framing or mirroring any foundational element of the web application layout; and (iv) systematically indexing, compiling, data-mining, or "scraping" any user directories or transactional metadata. InviteWise employees reserve the absolute right to access, audit, and monitor your account files and communications in our sole discretion to preserve system security and verify compliance.
F. Third-Party Web Links and External Content
The Service may contain user-generated links to third-party web domains, commercial registries, or external digital assets. Because InviteWise possesses no operational oversight over external resources, you acknowledge and agree that InviteWise completely disclaims all liability for the availability, security, safety, accuracy, tracking cookies, or terms of use governing those third-party sites. Clicking any external URL provided by a Host or Guest is executed entirely at your own digital risk.
G. Scope of Granted Service License
Subject to your continuous, unyielding compliance with these Terms, InviteWise grants you a limited, non-exclusive, revocable, personal, and non-transferable license to access and make personal, non-commercial use of the event coordination platform. Any commercial exploitation, redistribution of code, or platform duplication without our prior written consent voids this operating license and will result in the immediate revocation of your account.
H. Enforcement on Community Reports
InviteWise maintains an absolute right to instantly remove any User Materials and block, freeze, or terminate account access without prior notice, upon receiving community reports, flags, or infringement notices from other users or third parties indicating a violation of our safety policies.
5. Events, RSVPs, Potlucks, Registries, & Fee Limitations
InviteWise functions strictly as an online coordination and organization tool. We do not organize, host, sponsor, manage, supervise, insure, or guarantee any event created, published, or coordinated through our platform.
Accordingly, you acknowledge and agree that InviteWise completely disclaims any and all liability arising from:
- Event Execution and Logistics: Cancellations, scheduling conflicts, attendance rates, no-shows, or the venue selections made by Hosts.
- Participant Conduct & Physical Incidents: Any guest behavior, property damage, personal injuries, allergic reactions, foodborne illnesses, or consumption issues arising from potluck contributions or physical event attendance.
- Platform Communications: Delays, delivery failures, or undelivered SMS/email invitations and reminders, as network delivery depends on third-party telecommunication networks.
- Registry and Third-Party Links: The quality, safety, legality, delivery, or availability of any registry product, cash fund item, or external e-commerce merchant link integrated via our platform or affiliate links.
- Platform Fees: As disclosed on the platform, certain features—such as cash fund registries—may incur a 2% non-refundable platform fee to process secure transaction routing via Stripe. All platform service fees are final and non-refundable.
6. Financial Transactions, Stripe Infrastructure, & Tax Reporting
A. Third-Party Payment Processing
InviteWise is strictly a software platform and coordination tool; we are not a money transmitter, bank, financial institution, or payment processor. All financial transactions executed through the Service—including cash fund contributions, registry gifts, processing fees, and host payouts—are facilitated, cleared, and processed exclusively by our third-party infrastructure partner, Stripe, Inc. By executing or receiving any payment through the Service, you agree to comply with and be bound by the Stripe Services Agreement and the Stripe Connected Account Agreement.
B. User Responsibility for Data Entry and Transactions
You acknowledge that all transactions are final, non-refundable, and cannot be reversed. You are solely responsible for verifying the accuracy of all financial data entered into the platform, including payment amounts, credit card routing information, and the identity/contact details of the recipient Host. InviteWise bears absolutely no responsibility or liability if a Guest transfers funds to an incorrect account, or if a Host provides inaccurate banking/Stripe connection configurations. Any disputes regarding fund allocation must be resolved directly between the Host and the Guest.
C. Fraud Prevention, Rejections, and Platform Limits
InviteWise and Stripe reserve the absolute right, in our sole discretion, to reject, suspend, freeze, or cancel any attempted financial transaction or cash fund pool. Reasons for intervention include, but are not limited to: detection of potentially fraudulent activity, compliance violations, suspicion of money laundering, inaccurate account details, chargeback risks, or platform abuse. InviteWise may impose velocity limits on the number of transactions or the total monetary volume processed by a specific user or event within any given time frame (e.g., daily or weekly limits) without prior notice.
D. Tax Liabilities and IRS 1099-K Compliance
Hosts bear exclusive and total responsibility for any and all local, state, and federal tax consequences, filings, and obligations arising from the funds they collect through the Service. InviteWise completely disclaims all liability for tax-reporting requirements. To the extent required by United States law and Internal Revenue Service (IRS) regulations, Stripe Connect will manage financial record-keeping and the issuance of IRS Form 1099-K reporting. You authorize InviteWise to share necessary transactional metadata with Stripe to satisfy these statutory financial auditing requirements.
7. Refund Policy and Unclaimed Contributions
A. Automatic Fail-Safe Refunds (Unconnected Host Accounts)
To protect Guest contributions, InviteWise enforces a strict automated escrow and clearing timeline. If a Host creates a cash fund or registry but fails to successfully connect a verified Stripe payout account within fourteen (14) calendar days of a Guest's financial contribution, that contribution will be automatically canceled and refunded in full to the contributing Guest's original payment method. InviteWise shall not be liable for any processing delays, network latencies, or bank clearance times associated with the execution of this automatic refund.
B. Post-Payout Refunds (Host Discretion)
Once a Host has connected a verified Stripe account and funds have been processed or routed toward that account, all contributions are considered final, non-refundable, and non-reversible by InviteWise. Any subsequent requests for refunds, chargebacks, or returns must be negotiated and resolved directly between the Guest and the Host. InviteWise does not arbitrate financial disputes between participants, possesses no obligation to issue manual refunds, and disclaims all liability for a Host's refusal to return funds.
C. No Interest on Held Funds
You acknowledge and agree that any funds temporarily held in transit within the Stripe infrastructure prior to an automatic refund or host payout do not accrue interest. You explicitly waive any claim to interest or administrative damages arising from the temporary retention of transactional funds.
8. Proprietary Rights, Intellectual Property, & DMCA Infringement Reports
A. Proprietary Rights and Trademark Protections
The Service, including its technical architecture, user interfaces, source code, visual designs, graphics, interactive features, algorithms, and the "InviteWise" name, brand identity, logos, slogans, and custom feature designations (including points, XP trackers, and reward structures) are the exclusive intellectual property of InviteWise and are fully protected under United States and international copyright, trademark, patent, and unfair competition laws. You are strictly prohibited from utilizing, copying, mirroring, or displaying our trademarks or proprietary layouts without our express, prior written authorization.
B. Strict Restrictions on Use (Anti-Reverse Engineering)
Your license to access and use the Service is strictly limited to personal, non-commercial event coordination in accordance with these Terms. Except as explicitly authorized in writing in advance by InviteWise, you are strictly prohibited from, and agree not to:
- Decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code or underlying algorithms of all or any part of the Service;
- Modify, adapt, translate, rent, lease, loan, sell, redistribute, or create derivative works based upon the Service or its design elements;
- Utilize automated scraping, bots, spiders, or extraction tools to harvest data, event details, or code from the platform.
Any unauthorized modification or exploitation of the platform's proprietary property constitutes a material breach of these Terms and a violation of federal intellectual property laws.
C. Copyright Infringement Claims (Detailed DMCA Protocol)
If you believe that any user-generated content on the Service infringes a copyright you own, you must provide our Designated Copyright Agent (support@invitewise.app) with a formal written notice containing the following statutory information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- A clear description of the copyrighted work claimed to have been infringed;
- A specific description of where the allegedly infringing material is located within the Service (including specific URLs);
- Your complete physical address, telephone number, and email address;
- A statement by you, made in good faith, that the disputed use of the material is not authorized by the copyright owner, its legal agent, or the governing law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the rightful copyright owner or authorized to act on their behalf.
InviteWise reserves the right to ignore notices that do not substantially comply with these federal requirements.
D. Reporting Other Prohibited Content
To report violations of our Acceptable Use Policy, offensive user behavior, or fraudulent event listings, please utilize the in-app reporting tools or email us directly at support@invitewise.app.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICE, INCLUDING ALL SOFTWARE ARCHITECTURE, TEMPLATES, FEATURE FLOWS, AND INTERFACES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INVITEWISE EXPLICITLY DISCLAIMS ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION.
WITHOUT LIMITING THE FOREGOING, INVITEWISE MAKES NO WARRANTIES AND DISCLAIMS ALL LIABILITY REGARDING:
- THE ACCURACY, RELIABILITY, OR COMPLETENESS OF PLATFORM METADATA OR USER-GENERATED COMMUNICATIONS;
- WHETHER DIGITAL INVITATIONS, EVENT UPDATES, SMS NOTIFICATIONS, OR RSVP REMINDERS WILL BE DELIVERED, TIMELY TRANSMITTED, OR ACCURATELY RECEIVED;
- THE BEHAVIOR, QUALITY, SAFETY, LEGALITY, OR SUCCESSFUL OUTCOME OF ANY PHYSICAL EVENT COORDINATED VIA THE SERVICE;
- THE CONTENT, HYPERLINKS, PRODUCTS, REWARDS, OR SERVICES DISTRIBUTED BY THIRD-PARTY PARTNERS (INCLUDING STRIPE, COUPON FULFILLMENT SERVICES, AND AFFILIATE MERCHANT PLATFORMS).
YOU ACKNOWLEDGE THAT ANY CONTENT OR DATA EXPORTED OR OTHERWISE DOWNLOADED FROM THE SERVICE (INCLUDING PROFILE SNAPSHOTS AND USER DATA PORTABILITY EXPORTS) IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, OPERATIONAL CORRUPTION, OR SECURITY BREACH TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR NETWORK ENVIRONMENT, AS WELL AS ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS OR ATTEMPTS TO UTILIZE THE SERVICE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT WILL INVITEWISE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR OPERATIONAL AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, EVEN IF INVITEWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EXPLICITLY COVERS ANY DAMAGES OR LOSSES RESULTING FROM:
- THE USE OF OR THE INABILITY TO ACCESS OR UTILIZE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR COMMUNICATION INFRASTRUCTURE ARISING FROM PLATFORM DOWNTIME;
- ANY TRANSACTIONS EXECUTED, COMMISSIONS EARNED, OR FUNDS COMMITTED THROUGH THE USE OF STRIPE CONNECT OR AFFILIATE MERCHANTS;
- UNAUTHORIZED ACCESS TO, ALTERATION OF, OR BREACH OF YOUR ACCOUNT, PROFILE METADATA, OR EVENT DATA BY THIRD-PARTY CYBER ACTORS;
- THE INACCURACY, REASONABLENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INVITEWISE IS ABSOLUTELY NOT RESPONSIBLE OR LIABLE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, OR OTHERWISE OBJECTIONABLE CONDUCT, SPEECH, OMISSION, OR CONTENT OF ANY OTHER USER, HOST, OR GUEST ON OR THROUGH THE SERVICE.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE APPLICATION, OR THE SERVICE WILL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS (USD $100), OR (B) THE TOTAL FEES YOU ACTUALLY PAID TO INVITEWISE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, CERTAIN PORTIONS OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to defend, indemnify, and hold harmless InviteWise, its parent companies, subsidiaries, affiliates, officers, directors, employees, consultants, agents, co-branders, successors, and assigns (collectively, the "InviteWise Parties") from and against any and all third-party claims, lawsuits, demands, liabilities, damages, losses, costs, and expenses (including, but not limited to, reasonable attorneys' fees and court costs) arising out of, resulting from, or in any way connected with:
- Your access to, use of, or misuse of the Service, including any transactional flows, registries, or messaging features;
- Any content, photographs, metadata, or recipient contact details you or anyone utilizing your account credentials upload, transmit, or distribute through the platform;
- Any physical event, party, registry payout, or social gathering you coordinate, host, or attend utilizing the tools provided by the Service;
- Your explicit violation of these Terms of Service or our Acceptable Use Policy;
- Your violation of any applicable federal, state, or local law, trade sanction, or the statutory rights (including intellectual property, CAN-SPAM, TCPA text-spam, privacy, or publicity rights) of any third party.
Defense and Control Protocol: You agree to fully cooperate as reasonably required by the InviteWise Parties in the defense of any such third-party claims. Notwithstanding your obligation to indemnify us, the InviteWise Parties reserve the absolute and exclusive right, at their sole discretion and at your expense, to assume the exclusive defense, legal representation, and tactical control of any matter otherwise subject to indemnification by you. You explicitly agree that you shall not settle, compromise, or otherwise admit liability in any indemnified matter without the express, prior written consent of InviteWise.
12. Mandatory Binding Arbitration and Class-Action Waiver
PLEASE READ THIS SECTION WITH EXTREME CARE. IT MATERIALLY AFFECTS YOUR STATUTORY RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN A COURT OF LAW AND TO HAVE A JURY DECIDE YOUR CASE.
A. Agreement to Arbitrate and Confidentiality
You and InviteWise explicitly agree that any dispute, claim, or controversy arising out of, resulting from, or relating to these Terms, the Privacy Policy, your utilization of the Service, or any cash fund transactions (collectively, a "Dispute") shall be resolved exclusively through private, strict, and legally binding individual arbitration, and not in a court of law. All arbitration proceedings, filings, testimonies, and final awards shall remain strictly confidential and shall not be disclosed to any third party without the express written consent of both parties, except as required by legal disclosure mandates.
B. Arbitration Rules, Forum, and Filing Fees
The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, or alternatively by JAMS under its comprehensive consumer frameworks. The proceedings shall be conducted in the English language before a single neutral arbitrator.
- Location: The arbitration shall take place in Santa Clara County, California, or may proceed entirely remotely via secure video conference at the claimant's election.
- Fees and Costs: If you initiate a legitimate dispute in good faith, InviteWise will reimburse you for the standard initial consumer filing fee required under AAA/JAMS rules. However, each party shall bear its own legal fees, and to the extent permitted by applicable United States law, the prevailing party in the arbitration may be awarded its reasonable attorneys' fees and operational costs by the arbitrator. If AAA or JAMS is unavailable, the parties shall mutually agree upon an alternative confidential forum.
C. NO CLASS ACTIONS AND NON-SEVERABILITY
YOU AND INVITEWISE EXPLICITLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR IS STRICTLY PROHIBITED FROM CONSOLIDATING THE CLAIMS OF MORE THAN ONE INDIVIDUAL AND MAY NOT PRESIDE OVER ANY FORM OF A CLASS ACTION OR REPRESENTATIVE PROCESS.
The parties acknowledge that this Class-Action Waiver is material and absolutely essential to the resolution of disputes. If any portion of this Class-Action Waiver is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then the entirety of this Section 12 (except for Section 12-E) shall be deemed entirely null and void, and the dispute shall be resolved exclusively in the state or federal courts located in California.
D. JURY TRIAL WAIVER AND CONSUMER ACKNOWLEDGMENT
BY ACCEPTING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE FOREVER WAIVING YOUR RIGHT TO LITIGATE CLAIMS THROUGH A COURT, TO APPEAR BEFORE A JUDGE, AND TO HAVE A JURY OF YOUR PEERS DECIDE YOUR CASE. ALL CLAIMS SHALL BE DECIDED INDIVIDUALLY AND SOLELY THROUGH BINDING ARBITRATION.
E. Statutory Jurisdictional Carve-Outs
Notwithstanding the mandate for arbitration, either party retains the right to bring an individual action in a United States small-claims court of competent jurisdiction, or to seek immediate emergency injunctive or equitable relief in a state or federal court located in California to halt the actual or threatened infringement, misappropriation, or unauthorized reverse-engineering of intellectual property rights.
F. Arbitration Opt-Out Protocol
You possess the right to opt out of this mandatory arbitration agreement. To opt out, you must transmit a formal written declaration via email to support@invitewise.app with the explicit subject line "ARBITRATION OPT-OUT" within thirty (30) calendar days from the date you first register an account or interact with the Service. If thirty (30) days have elapsed, you are completely ineligible to opt out and are permanently bound by these dispute protocols.
13. Governing Law, Venue, & Miscellaneous Provisions
A. Governing Law and Forum Selection
These Terms of Service, the Privacy Policy, and any operational Disputes not subject to the mandatory arbitration protocol outlined in Section 12 shall be governed by, interpreted, and construed exclusively in accordance with the laws of the State of California and the federal laws of the United States, without regard to conflict-of-law principles. You and InviteWise explicitly agree that any litigation arising out of or relating to the Service must be filed solely in the state or federal courts located in Santa Clara County, California. You hereby irrevocably consent and submit to the personal and exclusive jurisdiction of such courts and expressly waive any objections based on improper venue or inconvenient forum (forum non conveniens). The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded from application.
B. Contractual Limitation on Claims (Shortened Statute of Limitations)
YOU AGREE THAT ANY CLAIM, DISPUTE, OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR UTILIZATION OF THE SERVICE, THESE TERMS, OR TRANSACTIONS FACILITATED VIA STRIPE CONNECT MUST BE FORMALLY INITIATED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE (OR TWO (2) YEARS EXCLUSIVELY FOR LEGAL RESIDENTS OF THE STATE OF TEXAS). IF NOT INITIATED WITHIN THIS SPECIFIED TIMEFRAME, SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY AND FOREVER BARRED, NOTWITHSTANDING ANY STATUTORY STATUTES OF LIMITATIONS TO THE CONTRARY.
C. Severability and Interpretation
If any provision, paragraph, or sub-clause of these Terms is deemed unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, that specific provision shall be deemed severable from these Terms and shall not affect the validity, legality, and enforceability of any of the remaining provisions, which shall remain in full force and effect. Section headings used herein are for organizational convenience only and possess no independent legal status or explanatory weight.
D. No Relationship and Non-Waiver
Nothing contained in these Terms shall be construed to create or imply any partnership, joint venture, agency, employer-employee, or franchisor-franchisee relationship between you and InviteWise. You possess no authority to bind InviteWise financially or contractually. Furthermore, any failure by InviteWise to enforce a provision, exercise a right, or act upon a breach of these Terms shall not operate or be construed as a permanent waiver of our right to enforce that provision or act upon subsequent breaches.
E. Assignment and Transferability
InviteWise may freely assign, transfer, or delegate its rights, titles, duties, and obligations under these Terms, in whole or in part, to a successor entity, affiliate, or merger partner at any time without prior notice to you. You are strictly prohibited from transferring, assigning, or sublicensing your account or any of your rights or obligations under these Terms without the express, prior written consent of InviteWise.
F. U.S. Export Controls and Trade Sanctions
The software, interfaces, and technical architecture powering the Service are subject to United States export control and trade sanction regulations. You represent and warrant that you will not download, access, export, or re-export platform assets (i) to a national or resident of any country subject to a comprehensive U.S. government embargo, or (ii) to any restricted entity or individual maintained on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List.
G. Age Requirement and Capacity
By registering an account or interacting with the Service, you explicitly represent, warrant, and covenant that you are a legal resident of the United States and are at least eighteen (18) years of age or have reached the age of majority in your state of residence. If you are under 18, you are strictly prohibited from utilizing the Service or establishing an account.
H. Admissibility of Electronic Records
You explicitly agree that a printed or authenticated digital version of these Terms of Service, the Privacy Policy, and any operational notices or clickwrap logs transmitted in electronic form shall be fully admissible in judicial, administrative, or arbitration proceedings to the exact same extent and subject to the same legal conditions as other business documents and records originally generated and maintained in physical, printed form.
14. Amendments and Modifications to These Terms
InviteWise reserves the right, at its sole and absolute discretion, to modify, update, alter, or replace these Terms of Service at any time. When material modifications are made to this agreement, we will provide conspicuous notice to our users by publishing an in-application announcement, updating the "Last Updated" date at the apex of this document, or transmitting a direct notification to the email address associated with your registered account.
All non-material modifications shall take effect immediately upon publication. Material updates shall become legally binding thirty (30) calendar days after the initial notice is published or transmitted. Your continued access to, interaction with, or utilization of the Service following the expiration of this 30-day window constitutes your explicit, irrevocable acknowledgment and legally binding acceptance of the revised Terms of Service. If you do not agree with the modified provisions, you are contractually obligated to cease all use of the platform and terminate your InviteWise account prior to the conclusion of the notice period.
15. Email Communications & CAN-SPAM Act Compliance
By registering an account, you grant InviteWise your express consent to transmit transactional email communications to your verified address. These communications include metadata regarding your account security, event updates, Guest RSVPs, potluck changes, financial contributions, Stripe Connect payouts, and mandatory legal updates. You acknowledge that these communications do not constitute "commercial electronic messages" under the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) because their primary purpose is to facilitate or confirm a commercial transaction or operational relationship you initiated.
To the extent InviteWise ever transmits commercial promotional or marketing messages, such messages will strictly comply with federal regulations by: (i) being clearly labeled as promotional material, (ii) containing our valid physical mailing address, (iii) providing an operational, one-click unsubscribe mechanism which we will honor within ten (10) business days, and (iv) utilizing transparent, non-deceptive header and subject lines. You may opt out of promotional communications at any time via your profile settings or the email footer link.
16. Termination of Service
You may cease utilization of the platform and delete your account at any time via your profile management dashboard. InviteWise reserves the absolute right to suspend, restrict, freeze, or permanently terminate your account and access to the Service, with or without prior notice, if you breach these Terms (including the Section 2 geographic restrictions), engage in fraudulent behavior, or if we are mandated to do so by operational banking partners or federal law enforcement.
Upon termination of your account, your right to access the coordination tools and cash funds ceases immediately. All provisions of these Terms which by their inherent nature should survive termination shall survive, including Section 4 (Content License), Section 5 (Liability Exclusions), Section 6 (Financial & Stripe terms), Section 8 (Proprietary Rights), Section 9 (Warranty Disclaimers), Section 10 (Limitation of Liability), Section 11 (Indemnification), and Section 12 (Mandatory Arbitration).
17. California Consumer Rights Notice & Contact Information
Under California Civil Code Section 1789.3, users residing in the State of California are entitled to the following specific consumer rights notice:
If you possess an unresolved question, inquiry, or complaint regarding the Service or platform fees, you may contact InviteWise directly via email at support@invitewise.app.
California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or via telephone at (916) 445-1254 or (800) 952-5210.