IF YOU ARE ENTERING INTO THESE TERMS AS AN INDIVIDUAL: READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES, WITH LIMITED EXCEPTION, THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS MEANS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS USERS IN ANY CLASS OR REPRESENTATIVE ACTION; OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Welcome to ArdorU. The services are provided to you by ArdorU North America, LLC, a Delaware limited liability company and its affiliate ArdorU Inc., and available (i) at our website (https://www.ardoru.com) (“Website”), and (ii) on our mobile applications (“Apps”) available for download on mobile and tablet devices (collectively, the Website, Apps and all features, tools and services made available therethrough, the “Service”), subject to the following terms of service (“Terms”), which may be updated by us from time to time without prior notice to you. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. The ArdorU Privacy Policy, located at (https://www.ardoru.com/p/privacy-policy), is incorporated by reference into these Terms. If the URL of our Privacy Policy changes, we will update the link in our website footer to reflect the new address. In addition, when using certain services and/or features, you shall be subject to any additional terms applicable to such services that may be available on the Service from time to time. If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity (except in this sentence and the following sentence). If you do not have such authority, you must not accept these Terms and may not use the Service on behalf of such entity.
BY VISITING THE SERVICE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR ANY OTHER ARDORU SERVICES.
Description of Service: ArdorU is a relationship network and communication platform (the "Service") that enables users to create, customize, and send personalized, handwritten greeting cards and communications. The Service aims to foster meaningful connections by providing tools for crafting authentic and heartfelt messages and delivers personalized, custom greetings and communications which are delivered as physical greeting cards to their recipients. The Service includes features such as the customization of handwriting styles, the scheduling of message delivery, and the secure handling of user-provided content. All greetings are produced using advanced technologies to ensure a personal touch. The Service also offers features designed to enhance the user experience and facilitate the storage and management of digital messages and greetings. Storage and management of digital greetings may be undertaken by both the senders and recipients of the greeting cards.
Our Service is located at ardoru.com, our e-commerce website which is an online platform that enables users to purchase and customize ArdorU’s products and services. The E-Commerce Site provides a secure, accessible, and user-friendly interface for creating, scheduling, and managing personalized greetings and communications. The E-Commerce Site includes features such as product selection, personalization tools, scheduling options, account management, and secure payment processing. It allows users to upload and store contact information, track order status, and access the “Memory Box” feature for preserving digital copies of sent and received cards. The E-Commerce Site is designed to ensure a seamless experience for browsing, customizing, and purchasing products, while maintaining high standards of data security and privacy.
Any person who registers for one or more elements of the Service at or via ardoru.com thereby agrees to these Terms of Service.
Our Service may integrate or link to products and services offered by third parties, including but not limited to e-commerce platforms, social media networks, AI writing tools, scheduling tools, and address book management systems. Such third-party products and services may be subject to the additional or alternate terms and conditions and privacy policies of the third-party providers. ArdorU is not responsible for downtime, errors, or interruptions in third-party services.
Age: ArdorU takes a child’s privacy very seriously. Our Service is not designed or intended for use by children. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. If you are between the ages of 13 and 16, you may only use the Service with the consent of a parent or legal guardian, verified via email or a signed form submitted to ArdorU, unless a lower age threshold is permitted by the laws of your country of residence. By accessing or using the Service, you affirm that you meet the minimum age requirements applicable in your country.
Your registration obligations: You must register with ArdorU to access certain functions and features of the Service, and maintain a personal or business, as applicable, account on the Service. A registered user (a “User”) means an individual or entity that has successfully created an account on the Service by providing required information, agreeing to these Terms of Service, and completing the registration process. Registered Users may access exclusive features and functionalities of the Service, including but not limited to customizing greetings, managing account preferences, and utilizing scheduling and personalization tools. The Service is intended for personal or professional use, as applicable, and must not be used for unlawful purposes or activities. Only individuals who meet the eligibility criteria outlined in the Age section and have completed registration are authorized to use the Website and the Service. Authorized uses include:
If you choose to register for the Service, you agree to provide and maintain current and accurate information about yourself as prompted by the Service’s registration form. Once registered, you are a "User” and will use a secure, one-time text login code sent to your registered mobile phone number or email address to access your personal account on the Service and fully utilize its features. .
We may offer you the ability to register or log in to our Service using Facebook, Google, Apple or other third-party services. These third-party services are detailed further in our Privacy Policy, located at (https://www.ardoru.com/p/privacy-policy). ArdorU does not control, is not responsible for, does not endorse, and fully disclaims any and all liability associated with your use of such third-party services. You represent and warrant that you will comply with all terms and conditions associated with such third-party services, and agree to defend and hold ArdorU, its subsidiaries and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to any such third-party services. Some features of the Service may use your mobile data plan (e.g., notifications, SMS). Standard messaging, data, and other fees may apply. Please check with your wireless provider. ArdorU grants you a limited, personal, non-commercial right to share digital copies of greeting cards you create through the Service on personal social media or private channels, provided that sharing is for personal use only; content is not modified beyond what the Service allows; ArdorU’s name, logo, or cards are not used commercially or politically; no claim is made of affiliation with ArdorU; and ArdorU may revoke permission at any time.
Widgets are licensed for limited, non-commercial use on personal sites. You may not alter, redistribute, or use Widgets on objectionable websites. ArdorU may disable or remove them at any time. Widgets are provided ‘as-is’ with no warranty.
Registered User account, password and security: Registered Users are responsible for maintaining the confidentiality and security of their login credentials and account information and are fully responsible for all activities that occur under their password or account. Users agree to (a) immediately notify ArdorU of any suspected or actual unauthorized use of a password or account or any other breach of security, and (b) exit from their account at the end of each session accessing the Service. ArdorU will not be liable for any loss or damage arising from a User’s failure to comply with this term.
Modifications to Service: ArdorU reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part or feature thereof) with or without notice. Without limiting the generality of the foregoing, ArdorU may change its pricing at any time or add new fees and charges from time to time, but will provide notice to you of these changes via information on the Service. You agree that ArdorU shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
General practices regarding use and storage: You acknowledge that ArdorU may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service on ArdorU servers on your behalf. You agree that ArdorU has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that ArdorU reserves the right to terminate accounts that are inactive for 12 consecutive months, with prior notification sent to your registered email where feasible. You further acknowledge that ArdorU reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether or not digitally created, that you upload, post, publish or display (hereinafter, “post”) or email or, if applicable, send via Text message, other messaging process or otherwise transmit or use via the Service.
Text Message Definition:For the purposes of these Conditions of Use, "Text Message" refers to any written communication transmitted via:
Without limiting the generality of the foregoing, you expressly agree to not use the Service to:
Special notice for International Users: Recognizing the global nature of the Internet, you agree to comply with all applicable laws, rules and regulations regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
The Service is subject to United States export controls and economic sanctions laws. In accepting these Terms you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country or region to which the US, UN, or EU/UK has embargoed goods and/or services of the same type as the Services, including without limitation, Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine; and (b) that you and any entity you are acting on behalf of are not named on, nor owned or controlled by, any government denied-party list, including the applicable US and UN lists.
No resale of Service: Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, use or transmit any portion of the Service, except as permitted in these Terms and on the Service. For the avoidance of doubt, you are not permitted to resell the Service. If you are entering into these Terms as an individual, the Service is only for your personal, non-commercial use. If you are entering into these Terms on behalf of an entity, the Service is only for your lawful business purposes and as expressly contemplated at https://www.ardoru.com. In no event may you use the Service for purposes competitive to ArdorU.
Service content, software and trademarks: You acknowledge and agree that the Service may contain content ("Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ArdorU, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. You may not frame, mirror, or use any meta tags or hidden text utilizing the ArdorU name or trademarks without our express prior written consent. Provided that you are eligible for use of the Service, you are granted a limited license to access and use the Service and the Service Content and to download or print a copy of any portion of the Service Content to which you have properly gained access provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein, without the prior written permission of ArdorU, is strictly prohibited and will terminate the license granted herein. The technology and software underlying the Service is the property of ArdorU, our affiliates, and our partners (the “Software”). Except to the extent permitted by law notwithstanding any contractual prohibition, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved.
The ArdorU name and logo are trademarks and service marks of ArdorU (collectively the “ArdorU Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ArdorU. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ArdorU Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ArdorU Trademarks will inure to our exclusive benefit.
Intellectual Property – Framing & Meta Tags: Add “You may not frame, mirror, or use any meta tags or hidden text utilizing the ArdorU name or trademarks without our express prior written consent.
Third-party material: To the fullest extent permitted by law, ArdorU will not be liable in any way for any content posted by third-parties or at the direction of Users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that ArdorU does not pre-screen content, but that ArdorU and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. In accordance with the EU Digital Services Act (DSA), we will notify you of content removal decisions and provide a statement of reasons, where required by law. Without limiting the foregoing, ArdorU and its designees shall have the right to remove any content that violates the Terms or is deemed by ArdorU, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to distribute your referral links or shared content via unsolicited commercial email (‘spam’) or in any other unlawful manner
Recipient Rights granted to Users as an element of the Service: ArdorU grants its Users limited rights to use and enjoy the art that is a part of the Service, including, without limitation, the artwork printed and/or digitally displayed in ArdorU’s physical and/or digital cards. We call these limited rights the “Recipient Rights.” By registering as a User, you agree that you will only use the art that is present on, accessible through, and otherwise delivered by the Service (the “Works”) in a manner that is within your Recipient Rights. You agree you shall not use or commercially exploit, in any manner or media whatsoever, any Work in any way that is inconsistent with or that exceeds the scope of use permitted under the Recipient Rights. Specifically, the Recipient Rights permit a user to save, display and post on social media and via other media a digital copy of the card, using our 'Memory Box' feature. The Recipient Rights do not permit a User to make physical copies of any card or of any Work, nor do the Recipient Rights permit a User to reproduce any Work for commercial purposes or otherwise commercially exploit any Work. As a User, you hereby agree to these terms and provisions and to the limitations of the Recipient Rights.
User content posted on the Service: You are solely responsible for the content and other materials you post on or through the Service or transmit to or share with other Users or recipients, including any trademarks contained therein (collectively, “User Content”). You will not post any User Content that you did not create or that you do not own all right, title, and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant ArdorU and its affiliated companies and agents a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify, and otherwise use your User Content solely to the extent necessary to operate, promote, or market the Service, such as displaying your greeting card in the Memory Box feature, in any form, medium, or technology now known or later developed. ArdorU will not use User Content for unrelated commercial purposes without your consent. Except as otherwise required by law, ArdorU and its designees may, but have no obligation to, remove, edit, block, and/or monitor User Content at any time for any reason, including activity which, in its sole judgment: violates the Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, illegal, or otherwise objectionable; or violates the rights of, or harms or threatens the safety of Users of the Service.
You acknowledge and agree that ArdorU may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ArdorU its Users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to ArdorU are non-confidential and ArdorU shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
IP infringement and illegal content complaints: ArdorU respects the intellectual property of others and does not tolerate illegal content posted on or through the Service, and we ask our Users to do the same. ArdorU will promptly process and investigate notices of alleged infringement and other illegal content, and will take appropriate actions under the US Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement, and under the EU Digital Services Act (“DSA”) with respect to any illegal content.
If you believe that any content posted on or through the Service is illegal, and/or if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information:
You can submit your complaint notice by completing and submitting this (https://www.ardoru.com/p/contact) to ArdorU.
ArdorU Agent for notice of claims of copyright or other intellectual property infringement, and for notice of alleged illegal content, can be reached as follows:
ArdorU North America 295 Madison Ave, 12 FL
New York, 10017 NY
hello@ardoru.com
(212) 404-2736
Repeat infringer policy: In accordance with the DMCA, DSA and other applicable law, ArdorU has adopted a policy of terminating, in appropriate circumstances and at ArdorU’s sole discretion, Users who are deemed to be repeat infringers. ArdorU may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service, our Users, or third parties may provide, links or otherwise direct Users to other sites, services, and resources on the Internet or otherwise. ArdorU has no control over such sites and resources and ArdorU is not responsible for and does not endorse such sites, services, and resources. You further acknowledge and agree that ArdorU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such hyperlinked site, service, or resource.
You may choose to add a link to a third-party website for purposes such as sharing additional content, connecting Users with external tools or services, or promoting third-party products. Examples of third-party services may include:
ArdorU may include links to third-party products on its e-commerce site, in email marketing campaigns, or on its social media channels or platforms. In such cases, ArdorU may earn an affiliate commission on qualifying purchases made through these links, and we will provide notice of the commission in immediate proximity to the link to ensure transparency.
Your interactions with any organizations and/or individuals found on or through the Service, including emails, SMS, MMS, or other forms of text message (“Texts”) and other communications, payment and delivery of goods or services, posting of content, and any other terms, conditions, warranties, or representations associated with such interactions, are solely between you and those organizations and/or individuals. By choosing to communicate with other Users by Texts, and providing phone numbers, you represent and warrant that you have the Users’ prior express consent, permission, or invitation, to communicate with those telephone numbers by Texts, including by sending such communications through the Services, and that you have taken all necessary steps to comply with applicable national, supranational, federal, and state laws before sending any Texts promoting the sale, investment, purchase, or rental of any goods, services, or property, including the Telephone Consumer Protection Act and state law equivalents. Additionally, you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or communication with any of these third parties sent through the Service or publicly distributed on the web or otherwise distributed. You agree that ArdorU shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions.
ArdorU offers a range of services to enhance user connections. Certain features are available free of charge, while others are premium services requiring payment.
Examples might include:
ArdorU enables consumers to cancel orders prior to production. Production typically begins within 48 hours of order placement on regular working days or 48 hours before the scheduled shipping date for pre-scheduled orders. Therefore, if you do want to modify or cancel an accepted order, you must do so promptly by reaching out to customer service at no cost to you. All ArdorU cards are custom-made and personalized, so orders that have commenced production cannot be modified, canceled or returned. We may retain certain information after account deletion if necessary to comply with legal obligations, resolve disputes, or enforce our agreements.
In the event of cancellation, you may choose to receive a refund to your original payment method or an ArdorU store credit. Refunds to your original payment method will be equal to the full purchase value minus direct payment processing fees, which will be disclosed at the time of refund, while store credits will be issued for the total purchase amount. In the event of any refund that is processed as a monetary credit, ArdorU will disclose and deduct the amount of direct payment processing fees for the transaction(s). Once production has commenced, we are unable to accept modifications or cancellation of an order.
Currently ArdorU only ships orders to US based addresses. Upon the activation of international orders, modifications or cancellations follow the same process, but please note that shipping timelines and policies may vary based on the destination country.
Orange Hearts Loyalty Program Terms:
We offer the Orange Hearts Loyalty Program to our customers. This program is designed to foster connection and so that we can show our appreciation to participating customers by providing certain awards or benefits to them.
Eligibility: Open to ArdorU users aged 13 or older. All registered users are automatically enrolled.
How to Earn Points: Earn Orange Hearts (‘Points’) can be earned through purchases or activities such as referrals or completing prompts. ArdorU reserves the right to modify the terms or process for earning opportunities at its discretion with prior notice via the Service or email.
How to Use Points: Participating customers may redeem Orange Heart Points for discounts or for rewards listed in their account. Points have no cash value and are non-transferable. Points purchased by users do not expire for up to five (5) years, provided the account remains active (i.e., includes logins or transactions within any 12-month period). Promotional Points awarded by ArdorU expire after 18 consecutive months if unused, provided the account remains active.
Modification or Termination: ArdorU may modify or terminate the program with advance notice via the Service or email, including by posting changes to these Terms at https://www.ardoru.com. Any activity that is deemed to constitute abuse or fraud may result in a partial or total loss of such person’s Orange Hearts Points, a restriction on further participation in the Orange Hearts Loyalty Program, and/or account termination. ArdorU Orange Hearts Club store credits earned through heart credit purchase do not expire as long as the user account remains active for five (5) years from the date of purchase, and these store credits can also be used as part of our Orange Hearts Loyalty Program.
You will be responsible for reviewing the shipping address of the recipient to ensure correct delivery; in the event the shipping address is not entered correctly in an order, you have an opportunity to correct it once you review the information, prior to finalizing your order. ArdorU does not assume responsibility for verifying the recipient’s correct address. In the event a card is undeliverable, USPS will return it to the sender's address in accordance with standard USPS practices.
This courtesy replacement policy applies only once per order and is limited to cards lost in transit due to circumstances beyond our control. It does not apply to cards lost as a result of incorrect or incomplete address information provided by you at the time of purchase. For international shipments, re-shipment policies may vary by country, and additional shipping fees may apply. Contact customer service for details.
By using the Service, or sending an email or Text through the Service, or distributed by you off-site through a third-party service via a shared ArdorU link or otherwise, you agree to release, discharge, and hold harmless ArdorU and its subsidiaries and affiliates, from any and all losses, damages, rights, claims, actions of any kind, and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person, any content posted on the Service, and your attendance at any event posted on, or promoted through, the Service or publicly distributed on the web. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify, defend, and hold ArdorU and its subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of or relating to the Services, including without limitation, any message sent via the Service or by (a Shared ArdorU Link), any User Content, your use of the Service, your sending of Texts through the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING SECTION, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARDORU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ARDORU MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARDORU OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR WHEN POSTING PHOTOS OR VIDEOS OF YOURSELF OR YOUR CHILDREN. ARDORU DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES, OR INFORMATION FOUND ON THE SERVICE AND, THEREFORE, ARDORU SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARDORU AND THE ARDORU ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ARDORU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, CONTENT, OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL ARDORU’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100).
IN NO EVENT WILL ARDORU OR ANY ARDORU ENTITY BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A USER FROM THE EUROPEAN UNION OR UNITED KINGDOM, YOU MAY HAVE ADDITIONAL RIGHTS UNDER LOCAL LAWS, WHICH ARE DETAILED IN OUR PRIVACY POLICY OR AVAILABLE BY CONTACTING US. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “LIMITATION OF LIABILITY”, “DISCLAIMER OF WARRANTIES”, “INDEMNITY” AND “RELEASE” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS ARE HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
Agreement to Arbitrate: This section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and ArdorU, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and ArdorU are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND ARDORU AGREE THAT CLAIMS MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ARDORU AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
If 25 or more similar claims are filed against ArdorU by the same or coordinated counsel, the following staged arbitration process applies:
If any portion of this process is found unenforceable, claims will proceed individually.This process ensures fairness, efficiency, and manageable resolution.
Pre-Arbitration Dispute Resolution: ArdorU is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing the ArdorU Team at legal@ardoru.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to ArdorU should be sent to ArdorU, Attn: ArdorU Legal Department, 295 Madison Ave, 12th FL, New York NY 10017 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. ArdorU and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or ArdorU may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ArdorU or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ArdorU is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
If your claim is for $10,000 or less, ArdorU agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, as would be the case for any eligible payment of attorneys’ fees.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: Without limiting the severability provision in this section of the Terms of Service, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms of Service to the contrary, ArdorU agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Services, you may reject any such change by sending ArdorU written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
Your Privacy
We will maintain and continue to provide access to your personal account, and archived history of events sent or received, until you request termination and deletion, or as long as reasonably necessary for the purposes described in the Privacy Policy accessible under https://www.ardoru.com/p/privacy-policy.
At any time, you can log in to your ArdorU Account, and request any privacy right, including account deletion, by emailing the ArdorU Team at hello@ardoru.com or by submission of the contact form available at https://www.ardoru.com/p/contact. You can also delete any Apps downloaded on your mobile devices.
Termination and Account Deletion
You agree that ArdorU, in its sole discretion, may suspend or terminate your account (or any part thereof) and/or access to or use of the Service, and block you from future access to and use of the Service, or take any other action such as removing, restricting, limiting access to, or distribution of, any content you submit to the Service, if ArdorU believes that you have violated or acted inconsistently with the letter or spirit of the Terms, or if we otherwise have reasonable grounds for doing so (including if we believe your account is being used by anyone else, if you are mis-using the Service, or if you make unfounded claims for refunds or credits). We may delete your account if you have not accessed it for 12 consecutive months, with prior notification sent to your registered email where feasible. Any suspected fraudulent, abusive, or illegal activity or content may be referred to appropriate law enforcement authorities. Where required by applicable law, such as the EU Digital Services Act (DSA) or the California Consumer Privacy Act (CCPA), we will notify you of content removal or account suspension/termination and provide a statement of reasons. ArdorU may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that ArdorU may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third-party for any termination of your access to the Service.
Upon termination of your access to the Service, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account. Further, you agree that we will not be liable to you or any third-party for any termination of your access to the Service.
If you are entering these Terms on behalf of a business or entity, the following arbitration terms apply. You and ArdorU intend that these Terms are to be construed and enforced in accordance with the laws of the State of Delaware without regard to any conflict-of-law or choice-of-law rules, and that the rule of construction that provides that a document is construed against the maker thereof be inapplicable in the construction of any of the terms of these Terms. Any dispute, claim, or controversy arising out of or relating in any way to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined through confidential binding arbitration in New York, New York before one arbitrator. The confidential binding arbitration shall be administered by AAA pursuant to its Commercial Arbitration Rules, and you and ArdorU shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing. Judgment on the award may be entered in any court having jurisdiction.
The Terms constitute the entire agreement between you and ArdorU and govern your use of the Service, superseding any prior agreements between you and ArdorU with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software, and you represent and warrant that you will comply with all such additional terms and conditions. Except as provided in the Terms, the Terms shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. If you are entering into these Terms as an individual and are a U.S. resident, then, except as provided for in the Dispute Resolution By Binding Arbitration – For Users Entering into these Terms as Individuals section above, you and ArdorU agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County in the State of New York. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION – FOR USERS ENTERING INTO THESE TERMS ON BEHALF OF AN INDIVIDUAL ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO THAT SECTION, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT; IF YOU ARE ENTERING INTO THESE TERMS AS AN INDIVIDUAL, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS. The failure of ArdorU to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. If you are a U.S. resident, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to the Terms or other matters by displaying notices or links to notices generally on the Service.
We may offer our Apps through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain any such App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Apple-Enabled Software Applications: With respect to Apps made available through Apple Inc. (“Apple”, and such Apps, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
Google-Sourced Software Applications: The following applies to any App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and ArdorU only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) ArdorU, and not Google, is solely responsible for ArdorU Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to ArdorU Google-Sourced Software.
User privacy: At ArdorU, we respect the privacy of our Users. For details, please see our Privacy Policy, located at https://www.ardoru.com/p/privacy-policy. Business Users: If you are entering into these Terms on behalf of a company, business, or other legal entity, you acknowledge and agree that you are responsible for providing any notices and obtaining any consents necessary to permit us to process personal information relating to employees or affiliates on your behalf. Where applicable, you acknowledge that the business is the “controller” or “business” pursuant to privacy and data protection laws, and ArdorU is a “processor” or “service provider” for the personal information we process on behalf of your business. Users in the European Union, United Kingdom, or California may have additional rights under GDPR, UK GDPR, or CCPA, respectively, as detailed in our Privacy Policy.
Please contact us to report any violations of the Terms or to pose any questions regarding these Terms or the Service.
ArdorU
295 Madison Ave, 12th FLNew York, NY 10017
(212) 404-2736
https://www.ardoru.com/p/contact
Effective: July 15, 2025