Terms of Service

Last updated: January 2025

1. Acceptance of Terms

Welcome to AlreadyLoved! These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and AlreadyLoved ("we," "us," "our," or "Company") governing your access to and use of our website at alreadyloved.com and all related services, features, and applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access or use our Services.

Please also review our Privacy Policy, which describes how we collect, use, and protect your information, including information about children.

2. Eligibility & Account Requirements

2.1 Age Requirements

You must be at least 18 years of age to use our Services. Our Services are designed for adults (parents, guardians, gift-givers) to create personalized books for children. Children under 13 should not directly access or use our website.

2.2 Parental Responsibility

When creating a personalized book for a child, you represent and warrant that:

  • You are the parent, legal guardian, or have obtained consent from the parent/guardian of the child
  • You have the right to provide the child's information and photos for personalization
  • All information you provide about the child is accurate
  • You consent to the processing of the child's information as described in our Privacy Policy

2.3 Account Security

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.

3. Our Services

3.1 Description

AlreadyLoved creates personalized children's books featuring:

  • The child's name incorporated into the story
  • Custom illustrated character based on the child's likeness (from photos you provide)
  • Age-appropriate affirmations and content
  • High-quality printed and bound physical books

3.2 Product Variations

Due to the personalized nature of our products:

  • Illustrated characters are artistic interpretations, not photographic replicas
  • Colors and appearance may vary slightly from digital previews due to printing
  • Minor variations in binding, paper, and print quality are normal

3.3 Service Availability

We strive to maintain our Services, but we do not guarantee uninterrupted availability. We may modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

4. Ordering & Payment

4.1 Order Process

When you place an order:

  • You make an offer to purchase at the listed price
  • We will send an order confirmation email acknowledging receipt
  • The contract is formed when we charge your payment method and begin production
  • We reserve the right to refuse or cancel any order for any reason

4.2 Pricing

  • All prices are displayed in your selected currency (USD unless otherwise specified)
  • Prices include the personalized book; shipping costs are calculated at checkout
  • We reserve the right to change prices at any time (orders already placed are honored at the original price)
  • Sales tax may apply based on your shipping location

4.3 Payment

  • We accept major credit cards, debit cards, and other payment methods displayed at checkout
  • Payment is processed securely through Stripe
  • You authorize us to charge your payment method for the total order amount
  • If payment fails, we will notify you and may cancel the order

4.4 Order Modifications

Due to the personalized nature of our products, orders cannot be modified once production begins. Please carefully review your personalization details before completing your order. Contact us immediately if you need to make changes before production starts.

5. Shipping & Delivery

5.1 Production Time

Each book is custom-created. Production typically takes 5-10 business days after order confirmation. Production times may vary during peak seasons (holidays).

5.2 Shipping

  • We ship to addresses within the United States and select international destinations
  • Shipping times vary by method selected and destination
  • Tracking information will be provided via email once your order ships
  • We are not responsible for delays caused by carriers, customs, or events beyond our control

5.3 Risk of Loss

Title and risk of loss pass to you upon delivery to the carrier. If your package is lost or damaged in transit, contact us and we will work with you on a resolution.

5.4 International Orders

International orders may be subject to import duties, taxes, and customs fees, which are the responsibility of the recipient. We are not responsible for delays due to customs processing.

6. Returns, Refunds & Satisfaction Guarantee

100% Satisfaction Guarantee: We want you to love your personalized book. If you're not completely satisfied with the quality of your order, we'll make it right.

6.1 Quality Issues

If your book arrives damaged or with a printing defect, contact us within 30 days of delivery with:

  • Your order number
  • Photos showing the issue
  • Description of the problem

We will provide a replacement or full refund at our discretion.

6.2 Personalized Products

Because our books are custom-made for you, we generally cannot accept returns for:

  • Change of mind after production has begun
  • Errors in personalization information you provided
  • Artistic style preferences (our illustrated style is consistent)

6.3 Refund Process

Approved refunds will be processed to your original payment method within 5-10 business days. Shipping costs are non-refundable unless the error was ours.

7. User Content & Submissions

7.1 Content You Provide

When you submit photos, names, and other content ("User Content") for personalization, you:

  • Grant us a limited license to use the content solely to create your personalized book
  • Represent that you have all necessary rights to the content
  • Represent that the content does not infringe any third-party rights
  • Acknowledge that AI technology will be used to process photos

7.2 Photo Requirements

Photos you submit should:

  • Clearly show the child's face
  • Be well-lit and in focus
  • Be photos you own or have permission to use
  • Not contain any inappropriate content

7.3 Content Restrictions

You may not submit content that:

  • You do not have rights to
  • Is defamatory, obscene, or offensive
  • Violates any law or third-party rights
  • Contains malware or harmful code

We reserve the right to reject any content that violates these restrictions or our values.

8. Intellectual Property

8.1 Our Content

All content on our Services not provided by you—including stories, illustrations, designs, logos, trademarks, and software—is owned by AlreadyLoved or our licensors and is protected by intellectual property laws.

8.2 Your Personalized Book

When you purchase a personalized book:

  • You receive a personal, non-commercial license to the specific book created for you
  • The underlying story, artwork style, and templates remain our property
  • You may not reproduce, distribute, or sell copies of your book
  • You may share photos of your book on social media for personal, non-commercial purposes

8.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us a royalty-free, perpetual license to use them without compensation or attribution.

9. Acceptable Use Policy

You agree not to:

  • Use our Services for any unlawful purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our Services
  • Use automated systems (bots, scrapers) without permission
  • Transmit viruses, malware, or harmful code
  • Impersonate any person or entity
  • Violate any applicable laws or regulations
  • Use our Services to harm, exploit, or endanger children

10. Disclaimers & Limitations

10.1 "As Is" Basis

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALREADYLOVED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

10.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless AlreadyLoved, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of our Services
  • User Content you submit
  • Your violation of these Terms
  • Your violation of any third-party rights

12. Termination

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Upon termination:

  • Your right to use our Services immediately ceases
  • We may delete your account and data (subject to legal retention requirements)
  • Pending orders may be cancelled with a refund
  • Provisions that by their nature should survive will survive (e.g., intellectual property, limitations of liability)

13. Dispute Resolution

13.1 Informal Resolution

Before filing any legal claim, you agree to contact us at legal@alreadylovedkids.com and attempt to resolve the dispute informally for at least 30 days.

13.2 Arbitration Agreement

Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. You agree to waive your right to a jury trial and to participate in class actions.

13.3 Exceptions

Either party may bring claims in small claims court. Either party may seek injunctive relief in any court of competent jurisdiction for infringement of intellectual property rights.

13.4 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AlreadyLoved regarding the Services.

14.2 Amendments

We may modify these Terms at any time. Material changes will be notified via email or prominent notice on our website. Continued use after changes constitutes acceptance.

14.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

14.5 Assignment

You may not assign these Terms without our consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of assets.

15. Contact Information

If you have questions about these Terms, please contact us:

AlreadyLoved

Legal Inquiries: legal@alreadylovedkids.com

General Support: hello@alreadylovedkids.com