InviteHero Terms of Service

These Terms of Service (the "Terms") govern your use of the website located at https://invitehero.app and any related services, features, content, or applications (collectively, the "Service") offered by Month, Inc., a Delaware corporation doing business as InviteHero ("InviteHero," "we," "us," or "our").

By creating an account, purchasing an invitation, uploading a photo, submitting a party detail, submitting an RSVP, or otherwise using the Service, you agree to these Terms, our Privacy Policy, and our Biometric Data Notice. The Privacy Policy includes our Children's Privacy section. If you do not agree, do not use the Service.

Arbitration notice. Section 16 below contains a binding arbitration agreement and a class-action waiver that affect your legal rights. Please read it carefully. You may opt out within 30 days as described in Section 16.5.

1. Who may use the Service

The Service is intended for adults who are planning a birthday party for a child and who have the legal authority to provide information and upload photos on behalf of that child. You may use the Service only if:

• You are at least 18 years old.
• You are the parent or legal guardian of every child whose photograph, name, age, or likeness you submit, or you have obtained the verified, documented consent of every such child's parent or legal guardian to submit that information on their behalf.
• You are legally able to enter into a binding contract in your jurisdiction.
• You are not barred from using the Service under applicable law, and you are not located in a U.S. jurisdiction in which we have elected not to offer the Service, which currently includes Illinois and Texas. We block uploads originating from IP addresses and billing ZIP codes associated with those states.

The Service is directed to adults, not to children under 13. We do not knowingly allow children under 13 to create an account or purchase an invitation. If you believe a child has used the Service directly, contact us at support@invitehero.app.

Verifiable parental consent for information about a child. Before we collect personal information about a child under 13, we obtain your verifiable parental consent through the flow described in the Children's Privacy section of our Privacy Policy.

2. Accounts

To purchase an invitation and manage responses, you must create a host account using an email and password or via Google sign-in. You are responsible for:

• Providing accurate information.
• Keeping your credentials confidential.
• All activity that occurs under your account.

You may close your account at any time by emailing support@invitehero.app. We may suspend or terminate your account as described in Section 12.

3. The Service

InviteHero lets you create a personalized birthday invitation that includes a short, automatically generated video in which the child you identify appears as the hero of a themed scene. The Service includes:

• A selection of launch templates (currently Dino Flyer and Winter Queen).
• A post-purchase intake form where you provide party details and upload a photograph of the child.
• Automated review of uploaded photographs for inappropriate content and basic technical quality.
• Automated, AI-based generation of a 6- to 7-second personalized video from the photograph and template inputs, produced by our video-generation provider Kling 3.0 (a product of Kuaishou Technology Co., Ltd., domiciled in the People's Republic of China). See Sections 5 and 6 of the Privacy Policy for details on this cross-border processing.
• A hosted invitation page on our domain with the video, party details, RSVP controls, and an add-to-calendar button.
• A host dashboard for viewing guest responses.

We may add, change, or remove templates and features at any time. We may also update these Terms as described in Section 18.

4. Pricing and payment

4.1 Price

The price for each invitation is shown at checkout and is payable in full at that time. Prices are in U.S. dollars and do not include any applicable taxes, which we may collect at checkout. We may change prices, add promotions, or offer new products or packages at any time; any such change applies only to new orders placed after the change takes effect.

4.2 Payment processor

Payments are processed by a third-party payment processor (currently Stripe, Inc.). By providing payment information, you authorize that processor and us to charge your chosen payment method for the full amount due at checkout.

4.3 Authorization

You represent that you are authorized to use the payment method you provide and that the billing information is accurate and complete.

4.4 Sales tax

Where applicable law requires, we will collect sales or use tax on digital services at checkout based on your billing address. You remain responsible for any tax obligation in your jurisdiction that we do not collect.

5. Intake, photographs, and your content

5.1 Your content

"Your Content" means all information you submit to the Service, including the child's first name, age, party details, any optional message to guests, uploaded photographs, RSVP responses you receive, and any other communication you send us.

5.2 Your representations about Your Content

You represent and warrant that, for all of Your Content:

• You own it or have all rights, licenses, and permissions necessary to submit it and to allow us to use it as described in these Terms and in our Privacy Policy.
• You are the parent or legal guardian of the child shown in any photograph you upload, or you have the verifiable, documented consent of that child's parent or legal guardian.
• Your Content does not violate any law or any third party's rights (including privacy, publicity, intellectual-property, biometric-privacy, or contractual rights).
• Your Content does not contain hateful, sexual, abusive, harassing, threatening, defamatory, impersonating, or unlawful material.
• Your Content does not depict any person other than the child to be featured (unless incidentally and lawfully).
• Your Content does not depict a public figure, a third party's child, a copyrighted character, or a trademarked design.
• You have obtained any right-of-publicity release required under the laws of the state where the child resides (including, where applicable, Cal. Civ. Code § 3344 and N.Y. Civ. Rights Law §§ 50–51).

5.3 License you grant to us

You grant InviteHero a limited, non-exclusive, royalty-free, worldwide license to host, store, process, reproduce, adapt, and otherwise use Your Content solely to operate, provide, support, and improve the Service for you, including to:

• moderate and validate the content you upload,
• prepare a template-ready reference image from your photograph,
• transmit the prepared reference image and template parameters to our video-generation provider (Kling 3.0) to produce the personalized video,
• publish your personalized invitation page on our domain,
• deliver notifications related to your order, and
• maintain internal records required for operations, legal compliance, and dispute resolution.

This license is limited in time. It terminates on the earlier of (i) deletion of Your Content in accordance with our retention schedule, (ii) deletion upon your request, or (iii) 90 days after upload (except for records we are required by law to retain, which may be retained only for the legally required period and purpose).

We do not use Your Content — including uploaded photographs or generated videos — to train artificial-intelligence or machine-learning models. We contractually prohibit every service provider that receives Your Content from doing so, including Kling. We do not sell Your Content. Our handling of Your Content is further described in our Privacy Policy, including its Children's Privacy section, and Biometric Data Notice.

5.4 Content moderation

Every uploaded photograph is reviewed by an automated content-moderation service before any video is generated. Uploads that are flagged are reviewed by our team, which may accept the upload, request a different photograph, or issue a refund. We may remove any content at any time if we reasonably believe it violates these Terms or any law.

5.5 Feedback

If you submit suggestions, ideas, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that Feedback for any lawful purpose, without compensation or attribution to you. Feedback does not include Your Content.

6. Face likeness and AI-based generation

You acknowledge and agree that:

• The Service uses automated, AI-based technology to generate a short personalized video that includes a stylized depiction of the child shown in the photograph you upload.
• The generated video is a stylized interpretation, not a photorealistic reproduction, and the face likeness may vary between generations.
• By uploading a photograph and completing the biometric consent step of the intake flow, you consent, and you represent that any parent or guardian of the depicted child has consented, to InviteHero using that photograph to generate the personalized video as described above and in the Biometric Data Notice, which includes the written release required by the Illinois Biometric Information Privacy Act (BIPA) § 15(b) and similar laws.
• The prepared reference image derived from the photograph is transmitted to Kling 3.0 in the People's Republic of China for video generation, under a written agreement that restricts Kling's use of the data as described in our Privacy Policy.
• You are responsible for evaluating whether the final invitation is appropriate to share and for obtaining any further permissions you need before sharing it.

We handle facial data in accordance with our Privacy Policy and Biometric Data Notice. We do not use faces or photographs to train AI models, we do not sell, lease, or profit from face data, and source photographs are deleted on the schedule described in Section 9.

7. The generated video and invitation page

7.1 What you receive

When your order completes, we publish a hosted invitation page at a URL on our domain. That page contains the generated video, your party details, RSVP controls, an add-to-calendar button, and a subtle brand footer linking to invitehero.app. If you enable the host-enabled guest list, the page also shows guest names only under Attending and Not replied.

7.2 Your license to use the video

Subject to these Terms and subject to your full payment, we grant you a non-exclusive, revocable, worldwide license to view, download, and share the generated video and the invitation page URL for personal, non-commercial use in connection with the specific birthday celebration identified in your order, including the right to share the invitation page URL by private channels (text, email, messaging apps, etc.) with prospective guests of that event. You may not:

• resell, sublicense, or commercialize the video,
• use the video in advertising or marketing for any business,
• claim authorship of the video,
• remove or alter any credits, footer, watermarks, or metadata,
• use the video to create a deepfake or other deceptive depiction of any person, or
• upload the video to any platform that would claim training rights in it.

7.3 Our rights

Except for the license granted above, InviteHero (or its licensors) retains all right, title, and interest in and to the Service, the templates, the video-generation system, and all generated outputs, including all intellectual-property rights. Nothing in these Terms transfers ownership of any of these to you.

7.4 Invitation page visibility

Invitation pages are unlisted: they are not indexed by search engines, not included in our sitemap, and not publicly browsable on our Service. However, anyone who has the link can open the page, including any host-enabled guest list showing guest names. You are responsible for deciding whom to share the link with.

8. Regeneration, refunds, and cancellations

8.1 One regeneration

If you are not satisfied with the generated video, you may request one (1) free regeneration per invitation by emailing support@invitehero.app after delivery. A regeneration may use the same photograph or a replacement you provide. The regenerated video will replace the original on your invitation page.

8.2 Refunds

Because the Service delivers a customized digital product, all sales are final except as follows:

• If we are unable to produce an invitation that meets a reasonable quality bar after one regeneration, we will issue a full refund upon request.
• If a hard technical failure prevents delivery, we will issue a full refund upon request.
• We may issue discretionary full refunds in other circumstances on a case-by-case basis.

Refund decisions are made in our reasonable judgment. Partial refunds are not offered in MVP. Refund requests must be sent to support@invitehero.app within sixty (60) days of delivery.

8.3 Cancellation before delivery

If you change your mind before your order has been generated, contact support@invitehero.app. We will cancel and refund when operationally possible; we cannot cancel an order after generation has completed.

8.4 Statutory rights

Nothing in this Section limits any non-waivable statutory right you may have as a consumer under applicable law, including rights under the California Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.), and the federal Magnuson-Moss Warranty Act.

9. Data retention and deletion

Source photographs are automatically deleted on the earlier of (a) thirty (30) days after your party date or (b) ninety (90) days after upload, and generated video assets follow the same schedule by default. You may request earlier deletion at any time by emailing support@invitehero.app with subject line "Privacy Request: Delete." Full detail on data retention is provided in our Privacy Policy and Biometric Data Notice.

10. Guest RSVPs

Guests who respond to an invitation provide their name, email, number attending, and optional notes, in each case subject to these Terms and our Privacy Policy, which they accept before submitting the RSVP. You, as the host, acknowledge that:

• You are directing us to collect RSVPs from those guests on your behalf.
• You will not use RSVP data to send unsolicited commercial messages or for any purpose other than managing the specific party to which the RSVP relates.
• You are responsible for complying with any applicable law governing your communications with guests, including CAN-SPAM and state anti-spam and telemarketing laws.

Our collection and handling of guest data is described in our Privacy Policy.

11. Acceptable use

You agree not to, and not to allow any third party to:

• use the Service in violation of any law or these Terms,
• upload a photograph of any person without lawful authority to do so,
• upload any image of a child that is not the child to be featured, or use the Service to depict anyone inappropriately,
• attempt to generate content that sexualizes, endangers, or exploits any minor (any such attempt will be reported to law enforcement and to the National Center for Missing & Exploited Children as required by law),
• upload content that infringes intellectual-property rights, including attempts to recreate copyrighted characters,
• upload content depicting any public figure, celebrity, or other individual whose likeness is protected by right-of-publicity laws, without valid written authorization,
• use the Service to create a deepfake, political impersonation, or deceptive depiction,
• scrape, crawl, or use automated means to interact with the Service except for standard search-engine indexing of public pages we permit,
• reverse engineer, decompile, scrape, or interfere with the Service,
• use the Service to produce deceptive, defamatory, harassing, or impersonating content, or
• resell or commercialize the Service or its outputs.

We may suspend or terminate accounts that violate this Section and may remove offending content at any time.

12. Suspension and termination

We may suspend or terminate your access to the Service, and remove any content, at any time and without prior notice if we reasonably believe you have violated these Terms, if continued provision of the Service would create legal or safety risk, or if required by law. You may stop using the Service at any time by closing your account.

On termination, Sections 5.3 (only as necessary to resolve your order), 5.5, 6, 7.3, 8, 9, 10, 11, 13, 14, 15, 16, 17, and 19 survive.

13. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, InviteHero disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, title, and non-interference.

Without limiting the above, we do not warrant that:

• the generated video will match any specific expectation of likeness, style, or quality,
• the Service will be uninterrupted, error-free, or secure, or
• any particular turnaround time will be achieved.

Some jurisdictions do not allow the exclusion of certain warranties; to that extent, some of the above may not apply to you.

Nothing in this Section disclaims any warranty that cannot be disclaimed under the Magnuson-Moss Warranty Act or applicable state consumer-protection law.

14. Limitation of liability

To the fullest extent permitted by law:

• In no event will InviteHero, its affiliates, or its service providers be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, or lost goodwill, arising out of or relating to the Service or these Terms, whether based on contract, tort, strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages.
• Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) US$100 or (b) the amount you paid InviteHero in the twelve (12) months before the event giving rise to the claim.

The foregoing limitations do not apply to:

• liability arising from our fraud or fraudulent misrepresentation;
• liability for death or personal injury caused by our negligence;
• your indemnification obligations under Section 15;
• liability under a non-waivable statutory scheme, including (where applicable) the Illinois Biometric Information Privacy Act, the federal Children's Online Privacy Protection Act, and state consumer-protection statutes that prohibit liability limitations; or
• any other liability that cannot lawfully be limited.

Some jurisdictions do not allow the exclusion or limitation of certain damages; to that extent, some of the above may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless InviteHero, its affiliates, and their respective officers, directors, employees, and agents from any claim, demand, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of or related to:

• Your Content,
• your use of the Service,
• your breach of these Terms or of any law, including any misrepresentation regarding your authority to upload a child's photograph or biometric data, or
• your violation of any third party's rights (including privacy, publicity, biometric, or intellectual-property rights).

We will (i) promptly notify you of any claim subject to indemnification, (ii) give you reasonable control of the defense, provided that we may participate with counsel of our choosing at our expense, and (iii) reasonably cooperate at your expense. You may not settle any claim without our prior written consent if the settlement imposes any obligation on us or admits fault on our behalf.

16. Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND INVITEHERO TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION.

16.1 Informal resolution

Before filing a claim, you agree to contact us at support@invitehero.app with subject line "Legal Notice" and attempt in good faith to resolve the dispute informally for at least thirty (30) days. Your written notice must include your name, email, order number, a description of the dispute, and the relief you are seeking. A demand for arbitration filed before the end of the 30-day informal-resolution period may be deemed premature.

16.2 Binding arbitration

Any dispute, claim, or controversy arising out of or relating to the Service or these Terms that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, including the AAA's Mass Arbitration Supplementary Rules if applicable. The arbitration will be conducted in English, and — unless you and we agree otherwise — in Delaware or by video conference (or, at your election for claims under $25,000, in the U.S. county of your residence). The arbitrator's decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Fees. InviteHero will pay all AAA filing, administration, and arbitrator fees above the amount the consumer would pay to file suit in court, as required by the AAA Consumer Rules, except that each party will pay its own attorneys' fees unless the arbitrator awards otherwise under applicable law.

16.3 Class-action waiver

You and we agree that any claims will be brought only in an individual capacity. Neither you nor InviteHero may bring a claim as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any class proceeding.

Severability of class waiver. If a court of competent jurisdiction finds that the class-action waiver in this Section 16.3 is unenforceable with respect to a particular claim or request for relief, that claim or request for relief (and only that claim or request for relief) will be severed from arbitration and may proceed in court under Section 17, and the remainder of this Section 16 will remain in effect.

16.4 California McGill rule carve-out

To the extent you bring a claim for public injunctive relief that, under California law (including McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)), may not be waived, that claim may be brought in court and is not subject to arbitration. All other claims, including claims for private injunctive relief, remain subject to arbitration.

16.5 Opt-out

You may opt out of this Section 16 within thirty (30) days of first accepting these Terms, or within thirty (30) days of the effective date of any material amendment to this Section, by emailing support@invitehero.app with the subject line "Arbitration Opt-Out" and including your full name, email, and order number. If you opt out, disputes will be resolved in court as described in Section 17.

16.6 Small-claims exception

Either party may bring an individual claim in small-claims court instead of arbitration, so long as the claim remains in that court and is brought on an individual, non-class basis.

16.7 Exceptions

This Section does not apply to (a) claims to protect intellectual-property rights or (b) claims that the law prohibits from being arbitrated.

17. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 16 and nothing in this Section displaces any non-waivable consumer-protection right that applies to you under the law of your state of residence. Subject to Section 16, the state and federal courts located in Delaware have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue there.

18. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms at https://invitehero.app/terms and update the "Last updated" date. For material changes, we will provide at least thirty (30) days' advance notice by email or prominent in-product notice before the changes take effect. For material changes to Section 16 (Arbitration), the 30-day opt-out window in Section 16.5 restarts. Changes become effective on the effective date stated in the updated Terms. Your continued use of the Service after the effective date means you accept the updated Terms.

19. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and Biometric Data Notice, make up the entire agreement between you and InviteHero concerning the Service.
• Severability. If any part of these Terms is held unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. We may send notices by email to the address on your account or by posting on the Service. You may send legal notices to InviteHero at support@invitehero.app with the subject line "Legal Notice," with a copy by U.S. mail to 74 E Glenwood Ave Unit #5647, Smyrna, DE 19977.
• No agency. These Terms do not create any agency, partnership, or joint venture.
• Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, or failures of third-party infrastructure.
• Electronic records and signatures. You consent to the use of electronic records and electronic signatures under the federal E-SIGN Act, 15 U.S.C. §§ 7001 et seq. You may withdraw this consent by closing your account.
• Export controls and sanctions. You represent that you are not located in, and will not use the Service from, any country or territory subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. Government list of restricted parties.
• DMCA notices. To submit a Digital Millennium Copyright Act takedown notice, email support@invitehero.app with subject line "DMCA Notice" and the information required by 17 U.S.C. § 512(c)(3). Our designated agent is registered with the U.S. Copyright Office at https://www.copyright.gov/dmca-directory/.
• Accessibility. We aim to meet WCAG 2.1 AA accessibility standards. If you encounter an accessibility barrier, please contact support@invitehero.app with subject line "Accessibility."
• No third-party beneficiaries. Except as expressly provided, these Terms do not confer any rights on any third party.

20. Contact

Month, Inc. (d/b/a InviteHero)
Attn: Legal
74 E Glenwood Ave Unit #5647, Smyrna, DE 19977
Email: support@invitehero.app

Please use the following subject-line conventions so we can route your message promptly:

• Legal notice or dispute: "Legal Notice"
• Arbitration opt-out: "Arbitration Opt-Out"
• DMCA takedown: "DMCA Notice"
• Privacy rights request: "Privacy Request"
• Accessibility: "Accessibility"
• General support: no prefix required

Website: https://invitehero.app

These Terms are a plain-English draft. They are not legal advice. Please have them reviewed by a licensed attorney in your jurisdiction before publishing — including review by counsel familiar with (i) the Federal Arbitration Act and state arbitration law, (ii) state consumer-protection statutes, (iii) BIPA, CUBI, and state biometric laws, (iv) COPPA and the 2025 COPPA Rule amendments, (v) Executive Order 14117 / 28 C.F.R. Part 202, and (vi) the DMCA designated-agent registration requirement.