Terms of Service

You must be at least eighteen (18) years old and legally capable of entering into binding contracts to use the Service. The Service is designed for adults purchasing Products for children in their lives; it is not directed to children. By using the Service, you represent and warrant that:

1. You are at least 18 years old;
2. You have the authority to enter into agreement as to these Terms;
3. All information you provide to Mallowby is accurate and complete;
4. Where you provide information about a child (such as a first name, birthday, or photograph), you are that child's parent or legal guardian, or you have obtained permission from the child's parent or legal guardian to provide it; and
5. Your use of the Service complies with all applicable laws, rules, and regulations.

Mallowby sells personalized printed keepsake books. You provide personalization details (such as a child's first name and optional wording style, dedication message, gift signature, birthday, photograph, and favorite things), preview the resulting book pages on the Service, and place an order. Each Product is then printed on demand and shipped to the address you provide.

Mallowby does not:

1. Guarantee any specific carrier delivery date (production and transit estimates are estimates, not promises);
2. Guarantee that colors on your screen will match printed colors exactly (reasonable variation between displays and print is normal);
3. Guarantee the availability of any particular art style, personalization option, or feature, which may change over time; or
4. Provide legal, safety, or other professional advice.

The Service shows you a live preview of the pages of your personalized book before you pay, including the name spelling, wording, dedication text, any photograph, and any custom pages. The preview is part of the Product: what you approve is what we print.

You acknowledge and agree that:

1. You are solely responsible for reviewing and approving the spelling, wording, dates, photographs, and all other personalization before placing your order;
2. Personalization you approved in the preview (including a misspelled name you entered) is not a defect; and
3. Mallowby may make minor technical adjustments (such as file format, resolution, or bleed adjustments) necessary for printing that do not materially change the approved design.

"Your Content" means the personalization details you submit, including names, dedication text, gift signatures, birthdays, favorite things, and photographs. You retain ownership of Your Content.

By submitting Your Content, you grant Mallowby a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, adapt, print, and transmit Your Content as reasonably necessary to provide the Service, including transmitting it to our printing, shipping, storage, communications, and technology providers, and to our artificial-intelligence providers as described in Section 6.

You represent and warrant that:

1. You own or have all rights necessary to submit Your Content, including any photograph (and, where a photograph depicts a person other than you, that you have permission from that person or their parent or legal guardian);
2. Your Content does not infringe, misappropriate, or violate any copyright, trademark, privacy, publicity, or other rights of any person;
3. Your Content is not unlawful, defamatory, hateful, obscene, or otherwise inappropriate for a children's product; and
4. Your Content complies with all applicable laws.

Mallowby uses automated text screening and reserves the right, in its sole discretion, to decline, cancel, and refund any order whose personalization it deems unlawful, infringing, hateful, or inappropriate for a children's product.

The Service and the Products, including all illustrations, verses, page designs, book formats, trademarks, and software, are owned by Mallowby or its licensors and are protected by intellectual property laws. Except for Your Content, nothing in these Terms transfers any ownership to you.

Your purchase gives you the physical printed book for personal, non-commercial use and gifting. You may not reproduce, resell, or create derivative products from the book's illustrations, verses, or design, and you may not use the Service to create products for resale without our prior written consent.

Some personalization features use artificial intelligence. In particular, optional "favorite things" pages are written with the help of large language models and illustrated with image-generation models in the book's art style, and other artwork in our catalog may be created or refined with similar tools. AI features may be provided through third-party providers selected by Mallowby from time to time.

By using AI features, you acknowledge and agree that:

1. Personalization text you provide (such as the child's first name and favorite things) may be transmitted to and processed by third-party AI providers to generate the requested pages; photographs you upload are not sent to AI text or image generation providers;
2. AI-generated verses and artwork are shown to you in the preview, and you can edit, regenerate, or remove them before ordering; nothing AI-generated is printed without appearing in your preview;
3. AI-generated output may not be unique and may resemble output generated for other customers;
4. Mallowby makes no representation or warranty regarding the originality, copyrightability, or protectability of AI-generated output; and
5. AI providers, models, and functionality may be modified, replaced, or discontinued at any time.

Prices, formats, and shipping charges are displayed at checkout and may change at any time; the price shown at your checkout is the price you pay. Applicable taxes may be added where required. Payments made on the Service are processed by third-party payment processors, including Stripe; Mallowby does not store full payment card details. You authorize us and our payment processors to charge your selected payment method for your order total.

An order is accepted when we send an order confirmation. We may refuse or cancel orders for suspected fraud, pricing or listing errors, moderation concerns under Section 4, or inability to print or ship, in which case you will be refunded.

Every Product is made to order for one specific child. Because of this, and as is standard for personalized goods:

1. Orders may be cancelled only before printing begins. Printing typically begins shortly after your order is placed. Contact us immediately at hello@mallowby.com if you need to cancel; once printing has begun, the order cannot be cancelled.
2. Personalized Products cannot be returned or exchanged for reasons of preference, and refunds are not available for personalization details that appeared in the preview you approved (including name spellings and photo choices).
3. If your book arrives with a printing defect, binding defect, or shipping damage, or materially differs from the preview you approved, contact us within thirty (30) days of delivery with photographs of the issue and we will reprint and reship it, or refund it, at no cost to you.
4. If tracking shows your shipment lost in transit, contact us and we will work with you in good faith on a replacement.

Nothing in this section limits any non-waivable rights you have under the consumer protection laws of your jurisdiction.

Products are printed and shipped by third-party print and logistics providers on our behalf. Production typically takes three (3) to five (5) business days before shipment; transit times vary by destination and carrier. Estimated timeframes shown on the Service are estimates only. You are responsible for providing a complete and accurate shipping address; we are not responsible for orders shipped to an incorrectly provided address, though we will try to help if you contact us promptly.

Mallowby Products may also be sold through third-party marketplaces such as Amazon and Etsy. When you buy through a marketplace:

1. The marketplace's own terms, policies, and checkout process govern the transaction, payment, and any marketplace-provided protections;
2. The personalization details you submit through the marketplace are used to produce your Product as described in these Terms;
3. Marketplace listings may offer fewer personalization options than mallowby.com; and
4. Customer communications for marketplace orders are handled through the marketplace's messaging systems where the marketplace requires it.

Mallowby is not affiliated with, endorsed by, or sponsored by Amazon, Etsy, or any other marketplace.

Parts of the Service allow you to sign in with an email link to view your orders. You are responsible for the security of your email account and for all activity occurring under your account. Mallowby may suspend or terminate accounts at its discretion.

Book previews are available at unlisted web addresses so that you can share them with family and friends. Anyone who has a preview link can view that preview, including any personalization it contains. Do not share a preview link if you do not want its contents seen.

You agree not to:

1. Submit content you do not have the legal right to use, or that violates Section 4;
2. Use the Service to harass, defame, or harm any person;
3. Use bots, scraping tools, or automation to access the Service or its generation features;
4. Interfere with the operation, security, or integrity of the Service;
5. Attempt to reverse engineer, copy, or resell the Service or the Products' designs; or
6. Use the Service in violation of applicable law.

Mallowby reserves the right to investigate suspected violations and to cancel orders, remove content, suspend accounts, or take other appropriate action in its sole discretion.

Our collection and use of personal information, including information about children that you provide as a parent or guardian, is described in our Privacy Policy. By using the Service you consent to that collection and use.

THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALLOWBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8 AND EXCEPT FOR WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE CONSUMER LAW.

MALLOWBY DOES NOT WARRANT THAT:

1. THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
2. ON-SCREEN COLORS WILL EXACTLY MATCH PRINTED COLORS;
3. CARRIERS WILL DELIVER WITHIN ANY ESTIMATED TIMEFRAME; OR
4. THE SERVICE WILL BE SECURE OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALLOWBY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES ARISING FROM OR RELATED TO USE OF OR INABILITY TO USE THE SERVICE, DELAYED OR LOST SHIPMENTS, USER CONTENT, AI-GENERATED CONTENT, UNAUTHORIZED ACCESS, OR ERRORS, INTERRUPTIONS, OR SERVICE FAILURES.

IN NO EVENT SHALL MALLOWBY'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO MALLOWBY FOR THE ORDER GIVING RISE TO THE CLAIM, OR, WHERE NO ORDER IS INVOLVED, ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Mallowby and its owners, officers, employees, contractors, affiliates, licensors, agents, and service providers from and against any claims, demands, actions, liabilities, damages, judgments, settlements, penalties, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (1) Your Content, including any photograph you submit; (2) your violation of these Terms; (3) your violation of any law or regulation; or (4) your infringement or alleged infringement of any intellectual property, privacy, publicity, or other rights of any person.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall first be addressed through good-faith informal negotiations. If a dispute cannot be resolved informally, the dispute shall be resolved through binding arbitration administered in Massachusetts in accordance with applicable arbitration rules.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (1) DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS; (2) CLASS ACTIONS AND CLASS ARBITRATIONS ARE WAIVED; AND (3) YOU WAIVE ANY RIGHT TO A JURY TRIAL.

Mallowby may modify these Terms at any time. Updated Terms become effective upon posting unless otherwise stated, and apply to orders placed after posting. Your continued use of the Service after updated Terms are posted constitutes acceptance of the revised Terms.

These Terms constitute the entire agreement between you and Mallowby regarding the Service and supersede prior agreements or understandings. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Mallowby's failure to enforce any provision shall not constitute a waiver. You may not assign or transfer these Terms without Mallowby's prior written consent; Mallowby may assign these Terms without restriction.

Mallowby
Email: hello@mallowby.com