Terms and Conditions

These terms of use (the “Terms of Use”) set out the conditions for accessing and using the website hosted under the domain https://friends.posthero.app and any of its subdomains and dependent mobile applications (the “Website” or the “Service”), as well as the physical letter and postcard delivery services that POSTHERO SOLUTIONS S.L. (“POSTHERO”, “Posthero Friends” or the “Company”) makes available to its users (hereinafter, the “Users”).

Posthero Friends is the consumer (B2C) variant of the Posthero product, aimed at individuals who want to send handwritten-style correspondence —letters, postcards and similar items— to friends and family for birthdays, Christmas, thank-yous and other personal occasions. The professional service for businesses is offered at posthero.app and is governed by its own terms.

Mere access to the Website and/or contracting the Service implies the knowledge, understanding and acceptance, necessarily and without reservation, of these Terms of Use, as well as of the Privacy Policy and the Cookie Policy. If the User does not agree with these provisions, they should not use the Website or the Service.

POSTHERO reserves the right to modify or update these Terms of Use at any time for regulatory reasons, technical reasons, changes in the services offered or strategic decisions. Users are advised to review these Terms periodically. Continued use of the Service after the changes have been made will imply their acceptance.

Identification of the Website owner

The Website owner and Service provider is the company POSTHERO SOLUTIONS S.L., with Spanish tax ID B26713065 and registered office at Calle Cargol nº 4 Nave D, 08110, Montcada i Reixac (Barcelona), Spain. Contact email: hello@posthero.app.

Purpose of the Service

Posthero Friends is a platform that allows Users to write messages from a browser or mobile application, choose a physical format (letter or postcard), select a handwritten font and a recipient, and have POSTHERO print and post the document to the address provided. The Services include, among others:

• Composition of letters and postcards. Tool to write the message, choose the format, the handwritten font, the ink colour and, where applicable, the image or postcard motif.
• Printing and franking. Posthero prints the document on quality paper, places it in an envelope and stamps the envelope for delivery to the address provided by the User.
• Postal delivery. Delivery is carried out through postal operators (Correos or equivalent operators) within the estimated delivery time displayed on the Website. Delivery times are estimates and do not constitute a contractual guarantee.
• Contact management. Users may create and save contacts (name, postal address and, optionally, birthday) to make future sends easier.
• Scheduled sends and reminders.Users may schedule sends for a future date (for example, a contact's birthday) and receive reminder emails before the send is executed.
• Send history.Visibility of the status of completed and scheduled sends from the User's account.
• Any other ancillary service that POSTHERO may add over time.

Pricing model and financial terms

Access to the Website and account creation are free of charge. Each letter or postcard send involves the payment of a per-send fee (pay-per-send model). There are no mandatory recurring subscriptions or credit packs.

• Prices shown to the User are final, in euros and include applicable VAT (21% in Spain). If the VAT rate changes, prices are recalculated automatically.
• For sends to multiple recipients, the total amount equals the per-recipient unit price multiplied by the number of recipients.
• Payments are processed through Stripe, a payment service provider. POSTHERO does not store the User's full card details.
• For scheduled sends, payment is taken at the time the send is processed by the system (typically a few days before the scheduled date), using the payment method saved by the User.
• Payment must be completed for the send to be processed. If the payment is declined or refunded by the issuing entity, the send will not be executed.

Right of withdrawal

In accordance with article 103.a of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the Spanish General Consumer and User Protection Act, the right of withdrawal does not applyto sends whose production starts after payment, as they are goods made to the User's specifications or clearly personalised (message, font, recipient and postal address). Once the order has been confirmed and sent to print, it cannot be cancelled.

For scheduled sends that have not yet been processed, the User may modify or cancel them at no cost from their account up to the moment when the system begins processing them (by default, up to three days before the scheduled date).

Delivery incidents and refunds

In the event of non-receipt of the item or a clear printing defect attributable to POSTHERO, the User may report the incident to hello@posthero.app within a reasonable period from the estimated delivery date. POSTHERO will assess the incident and, where appropriate, offer to re-print and re-send the item at no additional cost, or refund the amount paid.

POSTHERO is not responsible for incidents attributable to errors in the postal address provided by the User, nor for delays attributable to the postal operator or to force majeure.

Minimum age and registration

Users who contract the services offered through the Website warrant that they are at least 18 years old. If the Company identifies that a minor has registered or contracted services, it will immediately delete the data and the corresponding account, suspending the provision of the Services.

The User is responsible for the truthfulness and accuracy of the data provided upon registration and for each send, as well as for keeping their login credentials confidential. Any activity carried out under the User's account will be deemed to have been carried out by them.

Acceptable use of the Service

Access, navigation and use of the Website are free of charge. Users agree to make appropriate and lawful use of the Service in accordance with applicable legislation and these Terms. In particular, Users must refrain from:

• Making unauthorised or fraudulent use of the Website or the Service.
• Accessing or attempting to access restricted resources.
• Impersonating third parties, sending letters or postcards signed in the name of another person without their consent, or using the Service to harass, intimidate, threaten or harm anyone.
• Sending unlawful, defamatory, slanderous, obscene, racist, xenophobic, hateful or violent content, content that infringes the rights of minors, content that infringes third-party intellectual or industrial property rights, or content that is contrary to morality or public order.
• Using the Service for commercial, advertising or promotional purposes, or for direct marketing campaigns. For that type of use, Posthero (the professional version) must be contracted at posthero.app.
• Collecting, storing or transferring personal information of recipients without having obtained their prior consent when legally required.
• Causing damage to the Website or to third-party systems, introducing viruses or any other system likely to cause harm.
• Applying reverse engineering techniques, deciphering, decompiling or attempting to access the Service's source code.
• Providing permissions, passwords or usernames to third parties without authorisation.
• Modifying or attempting to modify the appearance or functioning of the Service.

POSTHERO reserves the right not to process, to suspend or to delete any send or account that, in its reasonable opinion, infringes these Terms or applicable legislation, without this giving rise to any right to compensation in favour of the User.

User content

The User is solely responsible for the content (text, images and recipient data) they incorporate into each send. By using the Service, the User declares and warrants that they hold all necessary rights over such content and that its sending and printing do not infringe third-party rights or applicable regulations.

POSTHERO does not systematically review the content of sends, although it may do so when there are reasonable indications of use that breaches these Terms, applicable law or third-party rights. POSTHERO may refuse to print and send any content it considers unlawful or contrary to these Terms.

The User grants POSTHERO a non-exclusive, limited and royalty-free licence to reproduce, store and process the send content for the sole purpose of providing the Service (printing, enveloping and postal delivery), keeping a send history for the User and complying with applicable legal and tax obligations.

Limitation of liability

POSTHERO does not guarantee uninterrupted availability and continuity of the Website or the Service. The Company shall not be liable, in any case, for damages that may arise from:

• Temporary unavailability or inaccessibility of the Website.
• Interruptions, computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the Internet network or other electronic systems.
• Errors or omissions by Users when entering their data or the recipient's data.
• Delays, losses or damage attributable to the postal operator or to third-party service providers (outsourced printing, payment gateway, hosting, etc.) acting beyond POSTHERO's reasonable control.
• Minor differences or inaccuracies in the visual representation between the on-screen preview and the actual printed document, due to screen resolution, paper used or other technical factors.
• The presence of viruses or other elements introduced by third parties that may cause alterations to the User's systems.
• Unauthorised access by third parties to User accounts due to the User's negligent management of their credentials.

In any case, POSTHERO's maximum liability towards the User for any incident relating to a specific send shall be limited to the amount actually paid for such send.

Links to third parties

The Website may contain links to third-party sites or services. POSTHERO does not control the content of such sites and is not responsible for the information contained therein. The inclusion of a link does not imply endorsement, sponsorship or recommendation by POSTHERO.

If a User or a third party notices that a link leads to content that is contrary to law, morality or public order, they may report it to hello@posthero.app.

Indemnity

The User shall hold POSTHERO, its group companies, directors, employees and collaborators harmless from any claim, damage, loss, expense or cost (including reasonable legal fees) arising from the User's breach of these Terms, of applicable law or of third-party rights, as well as from the content sent through the Service.

Intellectual and industrial property rights

The Website, its underlying software and all of its contents (including, by way of example and without limitation, source code, trademarks, trade names, logos, images, icons, designs, texts and general presentation) are owned by POSTHERO or its licensors and are protected by Spanish, EU and international intellectual and industrial property regulations.

Access to the Website does not grant the User any right or licence over those contents beyond what is strictly necessary to use the Service for its intended purpose. Any act of reproduction, distribution, public communication or transformation of the Website's contents without POSTHERO's prior written authorisation is expressly prohibited.

The handwritten fonts offered in the composer are used in accordance with their respective licences. Default postcard images or motifs are owned by POSTHERO or its licensors and are licensed to the User solely for the contracted send.

Data protection

Use of the Service involves the processing of personal data of the User and, where applicable, of the recipients whose data the User provides. POSTHERO processes such data in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 on Personal Data Protection and Digital Rights Guarantee (LOPDGDD), under the terms described in the Privacy Policy, which forms an integral part of these Terms.

Cookies

Cookies are used while browsing the Website. Their use is governed by the Cookie Policy, which also forms part of the Privacy Policy.

Waiver and severability

POSTHERO's failure to exercise any right or action available to it shall not constitute a waiver, unless such waiver is expressly stated in writing.

If a competent authority declares any provision of these Terms to be illegal, invalid or unenforceable, it shall be interpreted as closely as possible to its original intent. The invalidity of one or more clauses shall not affect the validity of the rest.

Language

The Spanish version of these Terms is the reference version. If a version in another language is offered, it is provided as a courtesy and, in the event of any discrepancy, the Spanish version shall prevail.

Applicable law and jurisdiction

These Terms, and the relationships between Users and POSTHERO, are governed by Spanish law.

For the resolution of any dispute arising from or related to these Terms, the parties submit to the Courts and Tribunals of the User's domicile when the User has consumer status and such submission is mandatory under current regulations; failing that, to the Courts and Tribunals of the city of Madrid.

Likewise, pursuant to Regulation (EU) 524/2013, the User is informed of the existence of the European Commission's online dispute resolution platform, available at https://ec.europa.eu/consumers/odr.