Terms
1. Who this is between
These terms are between you and the operator named in the Impressum, called "we" below. You bought the invitation on Etsy, so the sale itself was concluded there under Etsy's own terms and your payment was handled by Etsy. These terms govern the invitation you activate here and everything you do with it.
You accept them when you activate your order. We record which version you accepted and when, because we have to be able to show it.
2. What you get
- One invitation for one occasion, per purchase. Buy two and you get two, which is how you run a wedding and a rehearsal dinner from the same order number.
- As many guests as you like. There is no per-guest charge and no cap we impose; the only limit is the one you set yourself when you give the party a capacity.
- A link that is the whole product. No account, no password. Owning the invitation means owning the mailbox we sent the link to, so treat that link the way you would treat a key.
- The editor, until the party is well past. You can change the invitation right up to the day and afterwards. It closes 365 days after the date of your event, when the invitation is deleted. A draft you never publish and never touch again is deleted 365 days after your last edit.
3. Your link, and losing it
Anyone holding your management link can edit your invitation and read your guest list, so do not forward it. If you think someone else has it, open the invitation and revoke it: every old link stops working immediately and a fresh one is sent to your email address. If you lose it, ask for it again at the recovery page and it goes to the same address, and only to that address.
4. Cancelling
An invitation is digital content, supplied the moment you activate it. Where you are a consumer, the statutory right of withdrawal falls away once supply has begun with your express consent and your acknowledgement that it does, which is what the second box at activation asks for. Until you activate, the order is untouched and Etsy's own cancellation and refund handling applies.
If the invitation does not work as described, that is a defect, and none of the above touches your statutory rights about it. Write to hello@getsmartinvite.com.
5. What you may not put on it
An invitation is a page on the open internet with your name at the top of it. You may not use it:
- for anything unlawful, or to harass, threaten or defame anybody;
- with photographs, music or artwork you do not have the right to publish, including pictures of people who have not agreed to appear on it;
- to collect personal data you do not need for the party. The questions you add are yours to write, and asking your guests for something a party has no use for makes you answerable for it;
- as a mailing list, a shopfront, or a way of sending marketing to the people who reply;
- to impersonate somebody else, or to pass an invitation off as coming from a business it does not come from.
If an invitation does one of these things we may take it down, and we will tell you why. Where the breach is not serious we will ask you to fix it first.
6. Your content stays yours
The words and photographs you put on an invitation are yours. You give us only the permission we need to run it: to store it, resize it, and show it to the people you send the link to, for as long as the invitation exists. We claim nothing beyond that, we do not use your invitation to advertise Smart Invite without asking you first, and the licence ends when the invitation is deleted.
The themes, the wording of the app and its code are ours. Buying an invitation is not buying a theme: you may use it for your own party and you may not resell it, redistribute it or strip it out for another product.
7. What we promise, and what we do not
We will make a serious effort to keep invitations up and reachable, and we run the deletion schedule in the privacy notice whether or not anyone is watching. We do not promise uninterrupted availability: this runs on the internet, and the internet has weather.
Back up anything you would be sorry to lose. An invitation is not a filing system, and the schedule in the privacy notice will eventually delete it on purpose.
8. Liability
We are liable without limit for damage caused intentionally or by gross negligence, for injury to life, body or health, and wherever the Product Liability Act applies. For simple negligence we are liable only where we breach a duty that makes performing this contract possible at all and on which you were entitled to rely, and then only for the damage typically foreseeable in a contract of this kind. Nothing here limits a liability that cannot lawfully be limited.
9. Data processing, when you are a business
Most hosts are private people inviting people they know, and the law treats that as a personal activity. If you use an invitation for anything professional, a company party, a client evening, a conference, then you are the controller of the replies it collects, we process them for you, and this section is the agreement Article 28 requires between us. It takes effect on activation, with no separate signature.
- Subject and duration. Hosting your invitation and collecting the answers, for as long as the invitation exists under section 2.
- Nature and purpose. Storing, displaying and deleting the invitation and the replies. Nothing else.
- Types of data. Names, attendance, party size, and whatever else you chose to ask: contact details, food requirements, answers to your own questions, free text.
- Data subjects. The people you invite.
- Our obligations. We process only on your documented instructions, which for this service means your settings and this contract. Everyone with access is bound to confidentiality. We keep the measures described under "Keeping it safe" in the privacy notice, help you answer a guest exercising their rights, help you with Articles 32 to 36, and tell you without undue delay about a breach affecting your data.
- Sub-processors. The ones listed in the privacy notice, which is the current list, and you agree to them. We will tell you before adding another, and you may object.
- Transfers. Outside the EU only under the standard contractual clauses, as set out in the privacy notice.
- Deletion. At the end of the invitation, everything is deleted on the schedule in the privacy notice. You can delete it earlier yourself, at any time, from the invitation.
- Evidence. On request we will give you the information needed to show all of this is true, and allow an inspection where the law requires one.
10. Your guests
A guest can delete their own reply at any time, and we will not ask you first. You will see the headcount move and a note that a guest withdrew; you will not see who, because telling you would defeat the point of the deletion.
11. Ending it
You can delete an invitation and everything on it whenever you like, and it goes for good, which also uses up that purchase. We can end this agreement if an invitation breaches section 5, or if the order behind it turns out to be refunded or reversed.
12. Changes
If we change these terms in substance we will ask you to look at them again the next time you open your invitation, and the version number at the top will have moved. Changes never apply backwards to a party that has already happened.
13. Law and disputes
German law applies. If you are a consumer, that does not take away any protection you have under the law of the country you live in. We are not obliged to take part in dispute resolution before a consumer arbitration body and we do not do so; write to hello@getsmartinvite.com and we would rather sort it out directly.
The term 'Etsy' is a trademark of Etsy, Inc. This application uses the Etsy API but is not endorsed or certified by Etsy, Inc.