Terms of Service
fizz·gram is operated by Jason Peterson. By using fizz·gram, you agree to these terms. If you do not agree, do not use the app.
What fizz·gram is
fizz·gram is an iOS app that turns a photo from your iPhone into a physical 4x6" postcard and mails it via USPS. You choose a photo, write a message, enter or select a recipient's mailing address, and we handle printing and postage.
Accounts and credits
You sign in with Apple to create an account. Postcards are purchased as credit packs through Stripe. Each credit lets you send one postcard to one recipient. Credits do not expire.
Acceptable use
You agree not to use fizz·gram to send content that is:
- Harassing, threatening, or intimidating
- Hateful or discriminatory
- Sexually explicit, nude, or obscene
- Unlawful, fraudulent, or deceptive
Mailing obscene matter is illegal under federal law (18 U.S.C. § 1461), and our printing partner has its own content policy. Postcards with nude, sexually explicit, or obscene imagery will be rejected by the printer and will not be printed or mailed.
You may only send postcards to people you actually know, or to addresses you have permission to write to. Do not use fizz·gram for unsolicited bulk mailings or spam.
Content review. fizz·gram and our printing partner may review postcards before printing. We may refuse to print, cancel a postcard, remove content, and suspend or terminate accounts that send content violating these terms. We may report unlawful content to the appropriate authorities.
Reporting and blocking. If you see a postcard you believe violates these terms, or if someone is using fizz·gram to send postcards you do not want, email support@fizzgram.com. We investigate reports within 24 hours and can block specific senders from sending further postcards to a particular address.
Printing, mailing, and refunds
Once a postcard has been submitted to our printing partner, it cannot be canceled, edited, or refunded. Please review your postcard carefully before sending.
If you have a problem with a purchase that has not yet been sent to the printer, or if you believe you were charged in error, email support@fizzgram.com and we will work with you to resolve it.
Delivery
Postcards are printed and mailed via USPS First Class mail. Estimated delivery times are provided by our printing partner and are not guaranteed. fizz·gram is not responsible for USPS delivery delays, lost mail, or incorrect addresses that you provide.
Content ownership
You retain ownership of the photos and messages you send through fizz·gram. By using the service, you grant fizz·gram a limited license to reproduce your content solely for the purpose of printing and mailing your postcard. We do not use your content for any other purpose.
Service availability
fizz·gram is provided on an "as is" and "as available" basis. We do our best to keep the service running reliably, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue the service at any time.
Limitation of liability
To the fullest extent permitted by law, fizz·gram's total liability for any claim arising from your use of the service is limited to the amount you paid for the specific postcard(s) at issue. fizz·gram is not liable for indirect, incidental, or consequential damages.
Termination
We may suspend or terminate your account if you violate these terms. You may stop using fizz·gram at any time. Unused credits are not refundable upon account termination for violations of these terms.
iOS app license (Apple App Store)
These terms cover your use of the fizz·gram service. Your use of the fizz·gram iOS application itself is also subject to Apple's App Store rules. The following clauses are required by Apple for applications distributed through the App Store:
- This agreement is between you and fizz·gram (Jason Peterson), not Apple. Apple is not responsible for the fizz·gram app or its content.
- You are granted a non-transferable license to use the fizz·gram app on any Apple-branded device that you own or control, subject to the Usage Rules in the Apple Media Services Terms.
- fizz·gram is solely responsible for maintenance and support of the app. Apple has no obligation to provide any maintenance or support.
- If the fizz·gram app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the app's purchase price (if any) to you. fizz·gram is otherwise solely responsible for any product warranties to the maximum extent permitted by law.
- fizz·gram, not Apple, is responsible for addressing any claims that the fizz·gram app or your use of it fails to conform to legal or regulatory requirements, including product liability, consumer protection, and intellectual property claims.
- You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these terms, and upon your acceptance, have the right to enforce these terms against you as a third-party beneficiary.
Governing law
These terms are governed by the laws of the State of Utah, without regard to conflict of law principles. Any disputes will be resolved in the courts of Utah.
Changes to these terms
We may update these terms from time to time. If we make material changes, we will update them here and revise the effective date at the top. Your continued use of fizz·gram after changes are posted constitutes acceptance of the updated terms.
Contact
Questions about these terms? Email support@fizzgram.com.