Terms of Service

Last updated: December 22, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. Acceptance of Terms

By accessing or using Lemonvite ("the Service"), operated by Lemonberry Labs LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Lemonvite. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you may not use the Service under any circumstances.

3. Description of Service

Lemonvite is an online platform that allows users to create digital event invitations using AI-powered image generation, manage guest lists, send invitations via email and SMS, and track RSVPs. The Service integrates with third-party services for payments, email delivery, and other functionality.

4. User Accounts

To use certain features of the Service, you must create an account. You are responsible for:

  • Providing accurate and complete registration information
  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account, whether or not authorized by you
  • Notifying us immediately at security@lemonvite.com of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we believe pose a security risk.

5. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable local, state, national, or international law or regulation
  • Send spam, bulk unsolicited messages, or any communications that violate the CAN-SPAM Act, GDPR, or other applicable anti-spam laws
  • Upload, transmit, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Upload content that infringes any patent, trademark, copyright, trade secret, or other intellectual property rights
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
  • Interfere with, disrupt, or create an undue burden on the Service or networks connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service, other accounts, or computer systems
  • Use automated means (bots, scrapers, etc.) to access the Service without our express written permission
  • Upload or transmit viruses, malware, or other malicious code
  • Use the Service for any fraudulent, deceptive, or illegal purpose
  • Harvest or collect email addresses or other contact information of other users

6. Email & SMS Communications and Anti-Spam Compliance

The Service allows you to send invitation emails and SMS to guests on your behalf. By using this feature, you represent, warrant, and agree that:

  • You have a legitimate relationship with each recipient and a lawful basis to contact them (e.g., they are personal acquaintances, family members, or have otherwise consented to receive communications from you)
  • You will not use the Service to send unsolicited bulk emails, spam, or commercial marketing messages
  • You will comply with all applicable anti-spam laws, including the CAN-SPAM Act (US), CASL (Canada), GDPR (EU), and any other applicable regulations
  • All recipient email addresses you provide are accurate and belong to individuals who would reasonably expect to receive an event invitation from you
  • You accept full responsibility for any emails sent through your account, including any legal consequences arising from improper use

We reserve the right to immediately suspend or terminate accounts that we reasonably believe are being used to send spam or violate anti-spam laws, without prior notice and without refund.

7. SMS Terms and Conditions

Consent to Text Messaging: By using the Service, you consent to be contacted by Lemonvite by text message, SMS, and/or MMS message for transactional, informational, or service-related purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or our internal Do Not Call List. This includes Lemonvite event notifications, invitation delivery, RSVP updates, and other service-related messages.

Message Frequency: Message frequency varies based on user activity. You can expect to receive 1 message per login for OTP and recurring messages as events are scheduled or invitations are sent.

Cost: There is no additional charge from Lemonvite for text communications, but message and data rates apply to any text messages, SMS, or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. Please contact your mobile carrier if you have any questions regarding your mobile data and messaging plan.

How to Opt-Out: You can cancel the SMS service at any time by replying STOP to any message we send. After you send the SMS message STOP to us, we will send you one final SMS message to confirm that you have been unsubscribed. If you choose to cancel text, SMS, or MMS messages from us, you may no longer be able to receive event invitations or notifications via SMS and you agree to receive a final message from us confirming your cancellation.

How to Get Help: If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at support@lemonvite.com.

Carrier Liability: Carriers (including, but not limited to, T-Mobile) are not liable for delayed or undelivered messages. We are not liable for any delays in the receipt of, or any failures to receive, any text messages, SMS, or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device.

Data Sharing: Lemonvite does not share, sell, or rent personal data collected through the SMS program to unaffiliated or affiliated third parties for their own independent marketing purposes.

Legal Basis for Host-Initiated Messages: Our platform facilitates communications based on the existing social relationship between the Host and the Guest. When a Host provides a Guest's phone number, they are exercising their existing relationship to send a transactional invitation—Lemonvite serves as the technical tool to deliver that message. As our messages are strictly transactional social invitations (not telemarketing), they meet the statutory requirements of the TCPA.

8. Guest Data and Privacy Responsibilities

When you add guest information (names, email addresses, etc.) to the Service, you represent and warrant that:

  • You have obtained all necessary consents and permissions to share this information with us and to have us process it on your behalf
  • You have a lawful basis under applicable data protection laws (including GDPR where applicable) to provide this personal data to us
  • You will inform your guests that their information is being processed through our Service
  • You will not upload sensitive personal data (health information, financial data, government IDs, etc.) unless specifically required for your event

You acknowledge that with respect to guest data you provide, you are the data controller and we are a data processor acting on your behalf. You agree to indemnify us for any claims arising from your failure to obtain proper consents.

9. User Content

You retain ownership of content you upload to the Service ("User Content"). By uploading User Content, you grant Lemonvite a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content solely for the purpose of providing and improving the Service.

You represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use your User Content
  • Your User Content does not infringe any third-party intellectual property or privacy rights
  • Your User Content complies with these Terms and all applicable laws

We may remove any User Content that violates these Terms or that we find objectionable, without prior notice.

10. AI-Generated Content

The Service uses artificial intelligence to generate images based on your text prompts and optional reference images. By using these AI features, you acknowledge and agree that:

  • No Quality Guarantees: AI-generated content may not meet your expectations, may contain errors, artifacts, or unexpected results. We make no warranties regarding the quality, accuracy, or suitability of AI-generated content.
  • User Review Required: You are solely responsible for reviewing all AI-generated content before use and ensuring it is appropriate for your intended purpose.
  • No Intellectual Property Warranties: We make no representations or warranties that AI-generated content does not infringe third-party intellectual property rights. You assume all risk associated with using AI-generated content.
  • Prompt Responsibility: You are responsible for the prompts you provide. Do not submit prompts that request illegal, harmful, or infringing content.
  • Usage Rights: Subject to these Terms, you may use AI-generated content created through your account for personal and commercial purposes related to your events.

11. Payments, Credits, and Refunds

Certain features of the Service require payment. By making a purchase, you agree to the following:

  • Payment Processing: All payments are processed through Stripe. By making a purchase, you also agree to Stripe's terms of service.
  • Pricing: Current pricing is displayed at the time of purchase. We reserve the right to change pricing at any time, but changes will not affect purchases already completed.
  • Non-Refundable: All purchases are final and non-refundable, except where required by applicable law. Credits and payments are non-transferable.
  • Credit Usage: Purchased credits are consumed when you publish an event. Unused credits do not expire but may be forfeited if your account is terminated for violation of these Terms.
  • Taxes: You are responsible for any applicable taxes on your purchases.

12. Intellectual Property

The Service, including its design, features, code, graphics, logos, and documentation (excluding User Content and AI-generated content), is owned by Lemonvite and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Service without our express written permission.

"Lemonvite" and our logo are trademarks of Lemonberry Labs LLC You may not use our trademarks without our prior written consent.

13. Third-Party Services

The Service integrates with third-party services, including but not limited to Google (authentication, cloud services, AI), Stripe (payments), Resend (email delivery), and Vercel (hosting). Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

14. DMCA Copyright Policy

We respect intellectual property rights and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that content on the Service infringes your copyright, please send a written notice to our designated agent at dmca@lemonvite.com containing:

  • A physical or electronic signature of the copyright owner or authorized agent
  • Identification of the copyrighted work claimed to be infringed
  • Identification of the allegedly infringing material and its location on the Service
  • Your contact information (address, phone number, email)
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner
  • A statement, under penalty of perjury, that the information in the notice is accurate

We may terminate accounts of users who are determined to be repeat infringers at our sole discretion.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
  • WARRANTIES THAT AI-GENERATED CONTENT WILL BE SUITABLE FOR YOUR PURPOSES OR FREE FROM DEFECTS
  • WARRANTIES THAT EMAILS WILL BE DELIVERED SUCCESSFULLY TO ALL RECIPIENTS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEMONVITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES
  • ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING FAILED OR UNDELIVERED EMAILS
  • ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
  • ANY DAMAGES ARISING FROM AI-GENERATED CONTENT
  • ANY DAMAGES ARISING FROM THIRD-PARTY SERVICES OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY.

17. Indemnification

You agree to indemnify, defend, and hold harmless Lemonvite, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service
  • Your User Content or AI prompts you provide
  • Your violation of these Terms
  • Your violation of any rights of any third party, including intellectual property or privacy rights
  • Emails sent through your account, including any claims of spam or unsolicited communications
  • Guest data you upload and any claims related to consent or data protection
  • Any use of AI-generated content created through your account

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate: You and Lemonvite agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek injunctive relief in court for intellectual property violations.

Arbitration Rules: Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be held in Wilmington, Delaware, or at another mutually agreed location. The arbitrator's decision will be final and binding.

Class Action Waiver: YOU AND LEMONVITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@lemonvite.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

19. Termination

Termination by You: You may terminate your account at any time by contacting us at support@lemonvite.com or using the account deletion feature in your settings.

Termination by Us: We may suspend or terminate your account and access to the Service at our sole discretion, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms
  • Conduct that we believe is harmful to other users, us, or third parties
  • Suspected spam or abuse
  • Extended periods of inactivity
  • Requests by law enforcement or government agencies

Effect of Termination: Upon termination, your right to use the Service will immediately cease. Any unused credits or payments will be forfeited. We will immediately delete your account data, including events, guest lists, and payment records, though we may retain certain data as required by law or for legitimate business purposes.

20. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, internet or telecommunications failures, or failures of third-party service providers.

21. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs maintained by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC). You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. sanctions.

22. Electronic Communications

By using the Service, you consent to receive electronic communications from us, including emails and notices posted on the Service. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. This consent applies to our Terms, Privacy Policy, and any other legal notices.

23. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

24. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware.

25. California Residents

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for more information. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by Lemonvite, Inc. If you have a question or complaint regarding the Service, please contact us at support@lemonvite.com. California residents may 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 by telephone at (916) 445-1254 or (800) 952-5210.

26. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

27. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lemonvite regarding the Service and supersede all prior agreements and understandings, whether written or oral.

28. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Lemonvite.

29. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

30. Contact Us

If you have any questions about these Terms, please contact us at: