Terms of Service

Last updated: May 5, 2026

1. What This Covers

These Terms of Service (“Terms”) govern your use of SimchaMaker (simchamaker.com), operated by SimchaMaker LLC, a New York limited liability company (“we,” “us,” or “our”). By creating an account or using the service, you agree to these Terms. If you don't agree, don't use the service.

Please read Section 13 (Dispute Resolution) carefully. It requires disputes to be resolved through individual arbitration and waives your right to participate in class actions.

2. Your Account

  • You must provide accurate information when creating an account.
  • You're responsible for keeping your password secure and for all activity under your account.
  • You must be at least 13 years old to use SimchaMaker.
  • One person or entity per account. Don't share login credentials.
  • We can suspend or terminate accounts that violate these Terms.

3. What SimchaMaker Does

SimchaMaker lets you design event invitations, manage guest lists, send invitations via email and SMS, and track RSVPs. We provide tools, you provide the content. You are the sender of any communications you transmit through the service; SimchaMaker is the technical platform.

4. Credits and Payments

  • SimchaMaker uses a credit system to send invitations via email and SMS.
  • New accounts receive 10 free credits upon signup.
  • Additional credits can be purchased through the platform. Payments are processed by Stripe.
  • Credits are non-refundable. Once purchased, credits remain in your account until used. They do not expire.
  • If an SMS or email fails to deliver due to an invalid address or phone number you provided, the credit is still consumed.
  • If delivery fails due to a SimchaMaker system error, we will restore the affected credits.
  • Pricing may change. Any price changes apply to future purchases only, not credits already bought.

5. Your Content

You retain ownership of everything you create or upload on SimchaMaker, your guest lists, invitation designs, text, images, and event details. We don't claim any rights to your content.

We do need a limited license to operate the service: by uploading content, you grant us a worldwide, non-exclusive, royalty-free license to store, display, transmit, and process it as needed to provide the service (e.g., rendering your invitation, sending it to your guests, running backups).

You represent and warrant that:

  • You own or have the necessary rights to all content you upload;
  • Your content does not infringe any third party's intellectual property, privacy, or other rights;
  • Your content does not violate any law or these Terms.

If you delete your account, we will delete your content within 30 days, except where we're required to retain it by law or for fraud prevention.

6. Event Collaboration

You may invite collaborators to help manage your event. When you do:

  • Collaborators can view and manage guest lists, send invitations, and track RSVPs.
  • You control what collaborators can do and can revoke access at any time.
  • When a collaborator sends invitations, they choose per send whether to charge your credits or their own. By default, sends are charged to your account.
  • You are responsible for actions taken by collaborators you invite.

7. Guest Information and Communications

When you add guests to your event and send them messages through SimchaMaker (including emails and SMS), you are the sender of those communications under applicable law. SimchaMaker provides the technical platform; you control the recipient list and the content. By using these features, you represent and warrant that:

  • Consent. You have obtained any consent required under the Telephone Consumer Protection Act (“TCPA”), the CAN-SPAM Act, applicable state laws (including but not limited to the Florida Telephone Solicitation Act and Washington's CEMA), and applicable international laws (including GDPR and Canada's CASL) from each person on your guest list before sending them invitations, reminders, or other messages through SimchaMaker.
  • Genuine event invitees. Every recipient is an actual invitee to your specific event, not a marketing prospect, customer list, donor list, or general contact database.
  • No marketing or solicitation. You will not use SimchaMaker to send marketing, promotional, advertising, fundraising, political, or commercial solicitation messages of any kind.
  • Accurate information. Contact information you provide is accurate, current, and lawfully obtained.
  • Right to provide. You have the right to provide each recipient's contact information to us for the purpose of sending event communications.
  • Opt-outs. You will honor opt-out requests immediately. SimchaMaker also automatically blocks recipients who reply STOP to SMS from receiving further messages and processes email unsubscribes.
  • Compliance. You are responsible for compliance with all applicable laws regarding electronic communications, including time-of-day restrictions, content requirements, sender identification, and disclosure obligations.

You acknowledge that SMS messages are sent via third-party providers and standard messaging rates may apply to recipients. SimchaMaker is not responsible for carrier fees imposed on you or your recipients.

You are solely responsible for your communications. Any liability arising from messages you send (including under the TCPA, CAN-SPAM, state telemarketing or anti-spam statutes, or similar laws) is your responsibility, and you agree to indemnify SimchaMaker for any such claims under Section 12 (Indemnification).

8. Acceptable Use

Don't use SimchaMaker to:

  • Send spam, bulk marketing, fundraising appeals, political messages, or other unsolicited messages unrelated to event invitations.
  • Send messages to recipients without proper consent.
  • Upload illegal, harmful, threatening, harassing, defamatory, or offensive content.
  • Upload content that infringes anyone's intellectual property rights.
  • Attempt to access other users' accounts or data.
  • Reverse-engineer, scrape, or attempt to derive source code from the platform.
  • Resell or redistribute the service without permission.
  • Use the service in any way that interferes with or disrupts our infrastructure or third-party providers.

We reserve the right to remove content, suspend accounts, refund or revoke credits, and refer matters to law enforcement when these rules are violated.

9. Invitation Templates and Designs

SimchaMaker provides invitation templates and design tools. You may use these templates for your personal events. You may not resell, redistribute, sublicense, or claim ownership of our templates, fonts, illustrations, or other design assets.

Custom designs you create using our tools are yours, subject to the licenses we have to provide the service.

10. Availability and Changes

  • We aim to keep SimchaMaker available and reliable, but we don't guarantee 100% uptime.
  • We may update, modify, or discontinue features at any time.
  • If we make material changes to these Terms, we'll notify you via email or through the platform. Continued use after changes take effect constitutes acceptance.

11. Disclaimers and Limitation of Liability

DISCLAIMERS. SIMCHAMAKER IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE; (B) INVITATIONS, EMAILS, OR SMS MESSAGES WILL BE DELIVERED, DELIVERED ON TIME, OR DELIVERED TO THE INTENDED RECIPIENT; (C) GUEST DATA, RSVP RESPONSES, OR DESIGNS WILL BE PRESERVED WITHOUT LOSS; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, EVENT-RELATED COSTS, VENUE FEES, CATERING COSTS, OR REPUTATIONAL HARM, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE).
  • OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  • WE ARE NOT RESPONSIBLE FOR FAILED OR DELAYED MESSAGE DELIVERY CAUSED BY INCORRECT CONTACT INFORMATION YOU PROVIDED, CARRIER FILTERING OR REJECTION, RECIPIENT DEVICE OR ACCOUNT ISSUES, A2P 10DLC TRUST SCORING, OR THIRD-PARTY SERVICE OUTAGES (INCLUDING BUT NOT LIMITED TO OUR SMS, EMAIL, HOSTING, OR PAYMENT PROVIDERS).

These limits apply even if a remedy fails of its essential purpose. Some jurisdictions don't allow certain disclaimers or liability limits; in those jurisdictions, our liability is limited to the greatest extent allowed by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless SimchaMaker and its owners, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, settlements, judgments, and expenses (including reasonable attorneys' fees and costs) arising out of or related to:

  • your content (including invitation text, images, guest lists, photos, and any other materials you upload, create, or transmit);
  • your use of the service, including any messages you send to recipients through the service;
  • your violation of these Terms or any applicable law (including the TCPA, CAN-SPAM, state telemarketing or anti-spam statutes, GDPR, CASL, privacy laws, or intellectual property laws);
  • any dispute between you and a guest, collaborator, vendor, or other third party;
  • any claim brought by a recipient of a message you sent through the service;
  • any claim that your use of the service caused harm to a third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. You may not settle any claim without our prior written consent if the settlement requires any action or admission from us.

13. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully, it affects your legal rights.

Informal resolution. Before filing any formal proceeding, you agree to first contact us at support@simchamaker.com and describe your dispute in writing. We'll attempt to resolve it informally within 30 days. Filing a proceeding before completing this informal process is a breach of these Terms.

Binding arbitration. Except as stated below, any dispute, claim, or controversy arising out of or relating to these Terms or the service, including the formation, scope, or validity of this arbitration agreement, will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Nassau County or Albany County, New York, or remotely by mutual agreement. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Class action waiver. YOU AND SIMCHAMAKER AGREE THAT ANY DISPUTE WILL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. THE ARBITRATOR HAS NO AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

Carve-outs. Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or other equitable relief in court for intellectual property infringement, unauthorized access to the service, or breach of confidentiality.

Opt-out. You may opt out of this arbitration agreement by emailing support@simchamaker.com within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your account email. Opting out only affects this Section 13.

Severability of this section. If the class action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that one) must be brought in court, and the rest of this Section 13 still applies. If the entire arbitration provision is found unenforceable, then any litigation will be governed by Section 16.

14. DMCA / Copyright Claims

If you believe content on SimchaMaker infringes your copyright, send a written notice to our designated agent that includes:

  • your physical or electronic signature;
  • identification of the copyrighted work claimed to be infringed;
  • identification of the allegedly infringing material and its location on SimchaMaker (e.g., a URL or invitation ID);
  • your contact information (address, phone, email);
  • a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law;
  • a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on behalf of the owner.

Designated agent for DMCA notices:
DMCA Agent, SimchaMaker LLC
418 Broadway, Ste N
Albany, NY 12207
Phone: (516) 284-1736
Email: dmca@simchamaker.com
Copyright Office Registration Number: DMCA-1072335

We will respond to valid notices in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). Users whose content is repeatedly subject to valid DMCA takedown notices will have their accounts terminated.

If you believe content of yours was removed in error, you may submit a counter-notification per 17 U.S.C. § 512(g).

15. Termination

  • You can delete your account at any time.
  • We can suspend or terminate your account if you violate these Terms, with or without notice.
  • Upon termination, your right to use the service ends. Unused credits are not refunded.
  • Sections 5 (license), 7 (representations), 11 (disclaimers and liability), 12 (indemnification), 13 (arbitration), 14 (DMCA), 16 (governing law), and 17 (general) survive termination.

16. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Subject to Section 13 (Arbitration), any claims not subject to arbitration will be resolved exclusively in the state or federal courts located in Nassau County or Albany County, New York, and you consent to the personal jurisdiction of those courts.

17. General

  • Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and SimchaMaker regarding the service and supersede any prior agreements.
  • Severability. If any provision is found unenforceable, the rest of these Terms remain in full effect.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or similar transaction.
  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, power outages, internet failures, third-party service outages, government actions, labor disputes, etc.).
  • Notices. We may send notices to you by email to the address on your account. You can send notices to us at support@simchamaker.com.
  • Headings. Section headings are for convenience only and don't affect interpretation.

18. Contact

Questions about these Terms? Email us at support@simchamaker.com.