Saidscape Terms of Service

1. Description of Service

Saidscape is a personalized event-keepsake service.

Saidscape allows customers to create an event, collect handwritten messages from event guests and, for certain Saidscape event types, optional contributor photographs, upload photographs through the editor, arrange selected content into a personalized design, approve a final design, and order a physical custom keepsake.

The service may also provide digital copies of the customer's approved design and guest-message archive.

Features, products, customization options, materials, sizes, frames, finishes, pricing, and availability may change over time.

Saidscape may be purchased for the purchaser or as a gift for a designated recipient. Certain offers may have different prices or fixed product configurations, including limits on available sizes or frame styles, as disclosed for the applicable offer.

2. Customer Eligibility

To purchase Saidscape or enter into an agreement with Desert Brick Software through Saidscape, you must be at least 18 years old and legally capable of entering into a binding agreement.

If you purchase Saidscape on behalf of a business or other organization, you represent and warrant that you have authority to act for that organization in connection with the purchase and to provide recipient information reasonably necessary to arrange and deliver the gift.

Saidscape does not determine or verify whether an event constitutes a legally valid marriage, wedding, ceremony, or other legal relationship.

3. Event Guests

Event guests may use a Saidscape capture link provided by an event organizer to submit handwritten messages, optionally provide a guest name, and, where photo contribution is enabled for the applicable Saidscape event type, optionally upload one photograph.

Guests are not required to create a Saidscape account.

Event guest submissions may be provided to the applicable event organizer or designated recipient and incorporated, as applicable, into the personalized Saidscape design, physical keepsake, digital design copy, or guest-message archive. Contributor photographs are not necessarily included in the guest-message archive.

4. User Content

"User Content" includes content submitted, uploaded, created, or provided through Saidscape, including:

• photographs;
• handwritten guest messages;
• guest names;
• recipient or couple names;
• event information;
• design layouts;
• customization information; and
• other content voluntarily submitted through the service.

As between you and Desert Brick Software, you retain any ownership rights you have in your User Content.

You grant Desert Brick Software LLC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify as technically necessary, format, render, transmit, display, print, manufacture from, and otherwise process User Content solely as reasonably necessary to:

• operate Saidscape;
• provide event capture and editing functionality;
• generate previews and digital files;
• create the personalized product;
• fulfill and ship orders;
• provide support;
• maintain appropriate business and approval records; and
• otherwise perform our obligations under these Terms.

This license does not transfer ownership of your User Content to Desert Brick Software.

5. Rights to Photographs and Other Content

You represent and warrant that you have all rights, permissions, licenses, and consents reasonably necessary to submit and use the User Content you provide through Saidscape.

You may not upload or use content that:

• infringes copyright, trademark, privacy, publicity, or other rights;
• violates applicable law;
• is fraudulent or unlawfully obtained;
• contains malicious code or material intended to interfere with the service; or
• is otherwise unlawful.

You are responsible for photographs and other content you choose to upload.

If you submit a photograph or other User Content as an event guest or contributor, the representations, warranties, restrictions, and license terms in Sections 4 and 5 apply to that content and to you as the person submitting it.

Photographs may contain embedded metadata. Saidscape does not guarantee removal of EXIF or other metadata from uploaded photographs.

6. Guest Messages

Event organizers acknowledge that guest messages are created by third parties and may contain opinions, statements, jokes, language, or other material that Desert Brick Software did not create or control.

Desert Brick Software does not endorse or guarantee guest-submitted content.

Event organizers are responsible for reviewing their event content and deciding which guest submissions to include in their final design.

We reserve the right, but not the obligation, to remove, restrict, or refuse to process User Content that we reasonably believe violates these Terms, applicable law, the rights of another person, or the security or integrity of Saidscape.

7. Event and Editor Links

Saidscape may provide unique links or tokens for event capture and customer editing.

Possession of a valid capture link may allow a person to submit content to the associated event, including an optional photograph where that feature is enabled.

Possession of a valid editor link may allow a person to view or modify event content, upload photographs, arrange designs, and perform other customer functions.

You are responsible for safeguarding customer editor links and for controlling how event capture links are distributed.

You should notify Saidscape promptly if you believe an editor or capture link has been compromised.

Gift Purchases and Designated Recipient Access

When a Saidscape is purchased as a gift, the purchaser may designate another person as the recipient and provide recipient information such as a name, email address, and applicable event or retirement date. The purchaser represents that they are authorized to provide that information for the purpose of arranging and delivering the gift.

For a gift purchase, the Saidscape editor link is provided to the designated recipient, not to the purchaser, unless the purchaser and recipient are the same person. Paying for the order does not by itself give the purchaser editor access or authority to control the final design.

The designated recipient controls the available design customization and Final Approval. For a surprise gift, Saidscape may communicate with the purchaser or organizer and provide capture-related access before the applicable event or retirement date while delaying editor access for the designated recipient until afterward or another appropriate point in the gift flow.

8. Pricing and Payment

Prices are displayed before purchase and may change for future purchases.

Different Saidscape offers may have different prices and different available product configurations. The price and product options presented for the applicable offer govern that purchase. Some offers, including employer-purchased retirement offers, may use a streamlined or fixed size and frame configuration while preserving other design customization.

Payments are processed through Stripe.

By submitting an order, you authorize the applicable charges displayed during checkout, including applicable taxes and other disclosed charges.

Saidscape does not receive or store full payment-card numbers or card security codes.

Payment processing is also subject to applicable terms and policies of Stripe.

9. Taxes

Applicable sales, transaction, or similar taxes may be calculated and collected during checkout.

You are responsible for taxes associated with your purchase except for taxes imposed on Desert Brick Software's income or where otherwise required by law.

10. Custom Products and Final Approval

Saidscape products are personalized and manufactured according to customer-selected content and specifications.

For gift purchases, references in Sections 10 through 12 to the person reviewing, approving, or making design choices include the designated recipient or other authorized editor user, even if that person did not pay for the order. The purchaser remains responsible for payment obligations but does not control the final design solely by virtue of payment.

Before production, customers are provided an opportunity to review their final design.

“I have reviewed my final Saidscape design and confirm that the layout, photos, guest messages, frame, finish, background, and printed artwork are correct. I understand that this is a custom, personalized product and that once I approve it, I cannot make changes, cancel the order, or request a refund, except where required by law.”

You are responsible for carefully reviewing the final design before approving it.

Your review should include, as applicable:

• photographs;
• guest messages;
• layout;
• cropping and placement;
• spelling;
• names;
• colors and background;
• frame;
• finish;
• printed artwork; and
• other visible product selections.

When you affirm the Final Approval acknowledgement and select Approve Final Design, you authorize Saidscape to finalize the design and proceed toward production.

Saidscape may maintain records identifying:

• the approval acknowledgement shown to you;
• the acknowledgement version;
• the date and time of approval;
• the specific approved design or production file;
• technical identifiers or hashes associated with that file; and
• related order and configuration information.

11. Changes After Final Approval

Once Final Approval has been submitted, the design is considered final.

Customer-requested changes or cancellations may not be available after Final Approval.

Desert Brick Software is not responsible for errors, omissions, design choices, photographs, guest messages, spelling, layout decisions, or other content that appeared in the final design presented to and approved by the customer.

Nothing in these Terms limits rights or remedies that cannot legally be waived.

12. Refunds, Damage, and Defects

Because Saidscape products are custom and personalized, purchases are not refundable because of:

• a change of mind;
• dissatisfaction with customer-selected content or customization;
• an error or issue visible in the final design that the customer approved; or
• a request to change or cancel the product after Final Approval.

If a physical Saidscape product arrives damaged, defective, or materially different from the final approved design due to a production or fulfillment error, contact Saidscape within seven (7) days after delivery and provide information reasonably necessary for us to evaluate the issue, including photographs where appropriate.

Depending on the circumstances, available remedies may include replacement, reproduction, correction, refund, or another appropriate remedy determined in accordance with the circumstances and applicable law.

We may require reasonable evidence of damage, defect, or production error before providing a remedy.

Nothing in this section limits any non-waivable rights available under applicable law.

13. Digital Materials

Saidscape may provide customers with digital materials associated with their order, including:

• a digital copy of the approved design; and
• a digital archive of guest messages.

Customers are responsible for downloading, preserving, and backing up digital materials provided to them.

Saidscape is not intended to serve as permanent cloud storage for event photographs, guest submissions, or digital keepsake files.

Event content may be deleted after it is no longer reasonably necessary to fulfill the order, provide digital materials, address support or fulfillment issues, or otherwise operate the service.

Certain business records, including records of the final approved artwork, may be retained for longer periods.

14. Manufacturing and Fulfillment

Saidscape may use third-party manufacturing, printing, shipping, and fulfillment providers, including Prodigi, to produce and deliver physical products.

Information reasonably necessary to fulfill an order may be provided to these providers, including:

• approved production artwork;
• product specifications;
• recipient name;
• shipping address; and
• order information.

Production and shipping estimates are estimates unless expressly stated otherwise.

Delays may occur because of manufacturing, carrier, supply-chain, weather, service-provider, or other circumstances outside Desert Brick Software's reasonable control.

15. Intellectual Property

Except for User Content, Saidscape and its associated software, designs, interfaces, branding, trademarks, logos, text, graphics, systems, and other proprietary materials are owned by or licensed to Desert Brick Software LLC and are protected by applicable intellectual-property laws.

Saidscape™ and associated Saidscape branding may not be copied, reproduced, distributed, modified, or used without authorization except as permitted by law.

These Terms do not grant you ownership of Saidscape software or intellectual property.

16. Prohibited Uses

You may not use Saidscape to:

• violate applicable law;
• infringe intellectual-property, privacy, publicity, or other rights;
• submit unlawful content;
• harass or threaten another person;
• distribute malware or malicious code;
• interfere with or disrupt Saidscape;
• attempt to gain unauthorized access to systems, events, administrative functions, or data;
• circumvent access controls or security mechanisms;
• use another customer's private editor link without authorization;
• conduct fraud or misrepresentation; or
• use Saidscape in a manner that materially interferes with the service or other users.

17. Service Availability

We work to maintain Saidscape but do not guarantee uninterrupted, error-free, or continuously available service.

Saidscape may be modified, suspended, interrupted, or temporarily unavailable for maintenance, security, infrastructure issues, third-party outages, or other operational reasons.

We may change or discontinue features where reasonably necessary.

Where a material service problem affects an existing paid order, we will make reasonable efforts to address the affected order.

18. Third-Party Services

Saidscape relies on third-party providers for services including hosting, database infrastructure, file storage, payment processing, analytics, email delivery, manufacturing, fulfillment, and shipping.

Desert Brick Software does not control and cannot guarantee the uninterrupted availability, performance, or security of third-party services.

Third-party services may also be governed by their own terms and policies.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAIDSCAPE IS PROVIDED "AS IS" AND "AS AVAILABLE."

DESERT BRICK SOFTWARE LLC DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

DESERT BRICK SOFTWARE DOES NOT WARRANT THAT SAIDSCAPE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESERT BRICK SOFTWARE LLC AND ITS OWNERS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO SAIDSCAPE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESERT BRICK SOFTWARE SHALL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING FROM:

• USER CONTENT;
• GUEST-SUBMITTED CONTENT;
• UNAUTHORIZED DISCLOSURE OF A CUSTOMER'S CAPTURE OR EDITOR LINK BY THE CUSTOMER OR AN AUTHORIZED USER;
• CUSTOMER-APPROVED DESIGN CHOICES OR CONTENT;
• CUSTOMER FAILURE TO PRESERVE DELIVERED DIGITAL MATERIALS;
• THIRD-PARTY SERVICES;
• SHIPPING OR CARRIER DELAYS OUTSIDE OUR REASONABLE CONTROL;
• SERVICE INTERRUPTIONS; OR
• LOSS OF DATA OUTSIDE OUR REASONABLE CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESERT BRICK SOFTWARE LLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR SAIDSCAPE ORDER OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID TO DESERT BRICK SOFTWARE FOR THE SAIDSCAPE ORDER GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions, these limitations apply only to the maximum extent permitted by law.

21. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Desert Brick Software LLC and its owners, officers, members, employees, contractors, affiliates, successors, and assigns from and against claims, liabilities, damages, losses, costs, expenses, and reasonable attorneys' fees arising from or relating to:

• User Content you submit or upload;
• your violation of these Terms;
• your violation of applicable law;
• your infringement or violation of another person's intellectual-property, privacy, publicity, or other rights; or
• your misuse of Saidscape.

22. Suspension and Termination

We may restrict or suspend access to Saidscape where reasonably necessary to:

• address a violation of these Terms;
• prevent fraud or abuse;
• protect the security or integrity of Saidscape;
• comply with law or legal process; or
• protect Desert Brick Software, our customers, event guests, or others.

Termination or suspension does not eliminate payment obligations or rights and obligations that by their nature should survive termination.

23. Force Majeure

Desert Brick Software shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, power failures, internet outages, cyberattacks, denial-of-service attacks, governmental actions, labor disruptions, transportation interruptions, carrier delays, supply-chain disruptions, manufacturing interruptions, or failures of third-party infrastructure or service providers.

24. Electronic Communications

You agree that communications relating to Saidscape may be provided electronically, including by email and through Saidscape's website or customer interfaces.

You are responsible for providing an accurate email address and maintaining access to it while your order is active.

For gift purchases, you authorize Saidscape to use the designated recipient email address you provide to deliver editor access and service communications to that recipient. Depending on the selected gift option, pre-event or pre-retirement communications and capture-related access may instead be sent to the purchaser or organizer before editor access is provided to the recipient.

Electronic records and communications may be used in connection with your purchase, event, approval, fulfillment, and other interactions with Saidscape to the extent permitted by applicable law.

25. Governing Law and Venue

These Terms and any dispute arising out of or relating to Saidscape shall be governed by the laws of the State of Arizona, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms, Saidscape, or a Saidscape order shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, except where applicable law does not permit that requirement.

26. Changes to These Terms

We may update these Terms from time to time.

Changes apply prospectively unless otherwise permitted by law.

The "Last Updated" date will identify the most recent version.

For an existing order, material terms governing the customer's final approval, payment, or other completed transaction will not be retroactively altered merely by posting revised Terms.

27. Severability

If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

28. Waiver

Failure to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision later.

29. Assignment

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

Desert Brick Software may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the Saidscape business, subject to applicable law.

30. Entire Agreement

These Terms, together with the Saidscape Privacy Policy and any additional terms expressly presented and accepted in connection with a particular purchase or offer, constitute the agreement between you and Desert Brick Software concerning your use and purchase of Saidscape.

If specific written terms presented for a particular offer conflict with these Terms, the more specific terms control with respect to that offer.

31. Contact Information

Saidscape is operated by:

Desert Brick Software LLC

Arizona, United States

Legal inquiries: legal@desertbricksoftware.com