By using the Website or clicking on an “Accept” (or similar) button, you agree to be legally bound by these Terms.
If you do not accept these Terms, you are not permitted to and must not use the Website.
Any features or tools on the Website are also subject to these Terms.
Unless expressly provided otherwise, in these Terms:
“Account” means an account created on the Website where the User subscribes to a Thank It Back Membership - Free or Premium.
“Account Details” means a username, password and any other details provided by RetrospAct to a User for the purpose of managing their Account.
“Annual Subscription Fee” has the meaning given to that term in section 5 of these Terms.
“Content” means the content or materials including (but not limited to) still or moving images, videos, sound recordings or other audiovisual materials, artistic works, written works and personal information created or provided by a User for the purpose of a Thank It Card or Gratitude Message.
“Dashboard” means a personal page on the Website that is accessible for a User who has an Account and contains information about the User's Thank You Cards, Footprints, and Membership.
“Draft” means a Thank You Card that was not sent by email and/or shared as a Link, and the Content of which is saved for later.
“Fee” means any fee that RetrospAct may charge from time to time.
means a Thank You Card received by a User or a non-User via email or in the form of the Link.
"Free Membership" has the meaning given to that term in section 4.
“Free Membership Period” has the meaning given to that term in section 4.
“Free Membership Scope” has the meaning given to that term in section 4.
“Gratitude Message” means the Content that a User posts anonymously to the public page of the Website.
“Gratitude Wall” means a public page of the Website which can be accessed by any User.
“Guest User” means a User who doesn't hold an Account.
“Initial Subscription Fee” has the meaning given to that term in section 5 of these Terms.
“Intellectual Property Rights” means patents, business method patents,
rights in inventions, trade secrets, copyrights, moral rights, trade names
(including derivatives thereof), trademarks, logos, service marks, images,
photographs, slogans, trade styles, trade dress, and graphics, whether or not registered
or otherwise legally determined to be owned, rights in trade dress, technical know-how,
software, specifications, processes, designs, trade secrets, publicity rights, privacy rights,
and all other intellectual property rights and proprietary rights worldwide, whether arising
under the laws of Estonia or any other country or jurisdiction, including all rights or causes
of action for infringement, violation or misappropriation of any of the foregoing. For clarity,
our Intellectual Property Rights include all right, title and interest in and to the Website,
the Services and all derivatives thereof; the templates, tools, processes, data, data analytics,
methods, and other proprietary means we use to create, develop or deliver the Website and/or
the Services; and all names and marks that reference or include “Thank It Back”, “RetrospAct”
and any name of our products or services.
“Monthly Subscription Fee” has the meaning given to that term in section 5 of these Terms.
“Payment Method” means the method by which you choose to pay the relevant Fee.
“Premium Membership” has the meaning given to that term in section 5 of these Terms.
“Premium Membership Scope” has the meaning given to that term in section 5 of these Terms.
“Premium Subscription Plan” has the meaning given to that term in section 5 of these Terms.
“Promotions” has the meaning given to that term in section 6 of these Terms.
“Promotional Period” has the meaning given to that term in section 6 of these Terms.
“Purpose” means the creation of an Account or use of the Service, as permitted under these Terms.
“Recipient” means a User or a Guest User who receives a Thank You Card by email or in the form of a Link.
“RetrospAct”, “us”, or “we” means RetrospAct OÜ (Estonian registry code 16309685), its subsidiaries and its subsidiaries' directors, officers, employees, agents and advisors.
“RetrospAct app” is a mobile application developed by RetrospAct.
“Service” means the service provided by us which allows:
a User that is not a Guest User to send and share Thank You Cards, post them in the form of Gratitude Messages and receive Thank You Cards;
a Guest User to access the Website and view a received Thank You Card.
“Subscription Fee Period” has the meaning given to that term in section 5 of these Terms.
“Thank You Card” or “Card” means the
Content that a User sends via the Website to an email address specified by the
User or that a User shares outside the Website using a unique link created on the Website,
and the Content that a User receives via the Website or a unique link.
“Thank You Card Design” or “Design” has the meaning given to that
term in section 9 of these Terms.
“Thank You Card Link” or “Link” means a unique URL link generated
on the Website for each Thank You Card created by a User that can
be shared outside the Website.
"Thank It Back Membership" means the membership, intended for individual use, that a User must sign up to in order to create an Account and use the Service.
“User” means a user of the Service, being either:
a holder of an Account; or
a Guest User.
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and includes any version of the Service
(including any “app” or similar version)
that can be viewed or accessed on any type of device,
including but not limited to tablet and mobile devices, and unless the
context requires otherwise, includes all related services.
“Website Material” has the meaning given to that term in section 14 of these Terms.
“You” and “your” and means the person reading these Terms or such other terms or policies adopted in accordance with these Terms.
3. Creating an Account
To use the Service, a User must create an Account and subscribe to a
Thank It Back Membership - Free or Premium.
In order to create an Account, you must provide your:
first name, last name;
country of residence;
email address; and
You may also create an Account and log in to the
Website using single sign-on services such as Google.
These services will allow the third party to authenticate
your identity and provide you the option to share certain
personal information with us such as your name and email address
to pre-populate our sign-up form which may be collected,
You agree to provide current, complete and accurate details
relating to your Account, Membership, and Payment Method
(as applicable), and to promptly update such information,
including your email address and credit card numbers and
expiration dates, so that we may complete your transactions
and contact you as needed.
4. Free Membership
The Free Membership Scope is the scope of Service available to a
User after creating an Account.
It is displayed on the Website and is subject to change
from time to time.
You acknowledge and agree that you will not be required to pay
any Fee unless you upgrade your plan to Premium Membership.
5. Premium Membership
If you hold a Thank It Back Free Membership you may upgrade your membership to Premium Membership status (“Premium Subscription Plan”).
The Premium Membership Scope of Service is displayed on the Website and is subject to change occasionally.
You acknowledge and agree that you will be required to determine a period for which your Premium Subscription Plan will be valid - a month or a year (“Subscription Fee Period”).
You acknowledge and agree that in respect of a Premium Subscription Plan, a monthly subscription fee (
“Monthly Subscription Fee”) or an annual subscription fee (
“Annual Subscription Fee”) applies respectively.
The applicable Monthly or Annual Subscription Fee will become payable on the date that you sign up for the Premium Subscription Plan (
“Initial Subscription Fee”) and will be payable monthly or annually until the termination of your Premium Subscription Plan.
By signing up for a Premium Subscription Plan and providing us with your Payment Method, you authorize us to charge your Payment Method the Subscription Fee for the Premium Subscription Plan for each Subscription Fee Period in accordance with these Terms.
You agree to pay and will be responsible for, all charges associated with your Payment Method, and any and all taxes and other surcharges or third-party fees that may be applicable.
By signing up for a Premium Subscription Plan you accept the Terms and have explicitly expressed the desire to start using the Service within the period of withdrawal from the contract and have confirmed that you don't have the right of withdrawal regarding the Service consumed.
If you choose to pay via a third-party biller, your Premium Fee will be charged by that third party and may be subject to additional third-party billing terms which will be notified to you by the third-party biller.
We may increase your Monthly or Annual Subscription Fee at any time by giving at least 21 days' notice to you. We will provide this notice to you by email to the email address linked to your account. Any increase in the Monthly or Annual Subscription Fee will be effective on your next Subscription Fee Period payment date. If you do not agree to any increase in your Monthly or Annual Subscription Fee, you may cancel your Premium Subscription Plan through a third-party biller.
If the need to change the price is due to a change in legal regulations, we will use our best efforts to give you reasonable notice. If you do not agree to that increase in your Monthly or Annual Subscription Fee, you may cancel your Premium Subscription Plan through a third-party biller.
If you upgrade to Premium Membership, you will be able to access your new membership benefits immediately.
You may cancel your Premium Subscription Plan at any time through your Dashboard or by contacting us at
email@example.com. The cancellation of your Premium Subscription Plan will be effective at the end of that Subscription Fee Period, and your Premium Subscription Plan will be discontinued from this date.
For European Union customers only: You may cancel your Yearly Premium Subscription Plan purchased through the Website within a 14-day money-back guarantee offer, which means that any amount paid by you to us will be refunded to you within 14 calendars days of the withdrawal, taking into account the consumer's previous consents and confirmations. To withdraw from the contract, You as the Consumer should fill out the standard form published on the Website and send it signed to
The consumer's withdrawal from the contract does not release the consumer from the obligation to pay us for the Service used. The consumer pays for the used Service in accordance with the terms and conditions set forth in point 5 of the Terms. After receiving the withdrawal request, We will calculate the proportion of the paid and unused portion.
In accordance with the law, we will refund the payment received from you in the event of withdrawal. We do not refund the costs associated with payment to third parties (such as payment service provider PayPal) or transfer fees, conversion fees, etc., because we have not received these funds.
After the 14-day window, we will not provide a refund.
You will receive a pro-rata refund of any fees or other amounts already paid to us if:
you cancel as a result of an increased Subscription Fee pursuant to these Terms, in which case, you will be entitled to a pro-rata refund of any amounts paid by you of the higher Subscription Fee, and your cancellation will be effective immediately.
You understand that we make no commitment to create and make available the RetrospAct Application.
Your Thank It Back Premium Membership may include a promotional discount, premium features or other benefits (“Promotions”). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion in our sole discretion.
Some Promotions may run for a certain specified period of time that will be displayed on the Website (“Promotion Period”).
It is your responsibility to know when your Promotion has ended.
7. Rules for using the Service
When using the Service or interacting with the Website and other Users, you must:
be at least 15 years old and transact with legally acquired funds;
only use the Website for the Purpose and for no other purpose;
not use the Website for any unlawful, fraudulent or otherwise tortious purpose and not to violate any applicable local, state, national or international law;
not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
be respectful of each User and their friends and family;
not create, send or post any personal information or images identifying a minor without the prior written consent of that individual's parent or guardian;
not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with a person or entity;
not create, send or post Content that contains material that is untrue, fraudulent, misleading, inappropriate, tasteless, likely to cause distress, harmful or inappropriate for minors to view, culturally insensitive, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, immoral, pornographic, offensive, violent, deliberately provocative or indecent, or otherwise objectionable, or that victimizes, harasses, insults, disparages, degrades or intimidates, or discriminates against, any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
not create, send or post Content that is of nuisance value or vexatious;
not infringe, misappropriate or violate the Intellectual Property Rights of others (including RetrospAct);
not upload or transmit files, or cause users to upload or transmit files, that contain viruses, worms, "Trojan horses", Easter egg, time bomb, spyware, malicious code, corrupted files, or any similar software or programs that may adversely affect, damage, overburden, monitor or disable the functionality or operation of the Website or the operation of another's computer or other device;
not interfere with, circumvent or disrupt the operation of the Website; the systems, servers, or networks used to make the Website available; or the security features of the Website or other websites or the Internet, including by hacking or defacing any portion of the Website or by making any “Denial-of-Service” (“DoS”) attacks, or violating any requirement, procedure or policy of such servers or networks;
not advertise any goods or services (except where paid advertising is permitted). Sending "junk mail", "spam", "chain Content", "pyramid schemes" and similar activities are strictly prohibited;
not solicit anyone to buy or sell products or services, or to make donations of any kind on the Website, without our express written approval, or to perform or participate in any unlawful or otherwise prohibited acts; and
not use a Gratitude Message for the primary purpose of promoting a cause or movement, whether political, religious or otherwise, nor for the purpose of commemorating or glorifying an individual that is generally considered to be of ill repute or unscrupulous;
not harvest, track or collect information about users of the Website.
You acknowledge and agree that, without limiting any other remedy we may have, we may elect not to deliver a Thank You Card and reserve the right to delete or remove any Content, Thank You Card or Gratitude Message that breaches these Terms.
You acknowledge and agree that if we suffer any loss (whether financial or non-financial) as a result of your activities on the Website, you will indemnify us.
8. Thank You Card
To send a Thank You Card via email as a User, you must provide Content for the Thank You Card and an email address of a Recipient. This information will be used by RetrospAct to deliver the Card to the email address you provide.
To share a Thank You Card as a Link, as a User, you must provide Content for the Thank You Card, copy the Link, and paste it in a third-party provider of communication services. The link will open a Thank You Card saved on the Website.
Any Content, including personal information, that you provide must comply with these Terms.
Once you have sent the Thank You Card by clicking on the “Send Card via Email” button or copied the Link by clicking on the “Copy Link to Share” button, the Content of the Thank You Card will be locked and you will not be able to edit it.
You will be able to view the Thank You Card sent or shared from your Dashboard.
You can send a particular Thank You Card by email only once, however, its Link can be shared multiple times.
If you do not send a particular Thank You Card by email or share it as a Link and click “I want to save and send my message later”, the Content of the Thank You Card will not be locked, your Thank You Card will be saved as a draft, and you will be able to edit it and send or share the Card from your Dashboard.
9. Thank You Card Design
The Thank You Card Design is a unique image that can be selected by a User as a background for a Thank You Card from a set available on the Website to the User according to User's Membership.
A creator of a Thank You Card Design has provided to RetrospAct a:
non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable license to reproduce, modify, delete, adapt and publish the Design in connection with the provision of the Service as RetrospAct considers necessary;
Thank You Cards that are received by a User by email can be also viewed in the Footprint section of the User's Dashboard on the Website.
If a User received a Thank You Card as a Link, it can be added to the User's Dashboard by clicking a “Restore Card from Shared Link” button.
11. Gratitude Messages posted to the Website
Only Users that hold a Thank It Back Free Membership and Premium Membership may post a Gratitude Message to the Gratitude Wall of the Website.
Gratitude Messages must be posted anonymously.
RetrospAct does not pre-screen postings of Gratitude Messages and to the maximum extent permitted by law we are not responsible or liable in respect of any Gratitude Message. In the event of disputes arising over the content of the Gratitude Message, we will disclose the data of the person who published the Gratitude Message to the claimant or/and the authorities.
We reserve the right (but disclaim the obligation or responsibility) to monitor any Content, including both Gratitude Messages and Thank You Cards created on our Website.
We encourage you to notify us of inappropriate or illegal Content and we reserve the right to remove Gratitude Messages or other Content posted in breach of these Terms. We will respond as quickly as possible..
If you believe yours or another person or entity's Intellectual Property Rights have been infringed, please contact us at firstname.lastname@example.org
If you encounter a Gratitude Message that you consider to be inappropriate or illegal, please contact us at: email@example.com, and we will remove the Gratitude Message from the public section as quickly as possible..
We reserve the right to edit or abridge Gratitude Messages and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our reasonable discretion in order to ensure the orderly, lawful and efficient operation of the Website.
Although we have the right to modify, suspend or terminate any account or part of the Website, the accounts and related content lawfully created on the Website will remain available online until RetrospAct has fulfilled its agreement with the User.
12. Intellectual Property Rights of Content
We make no claim to ownership of the Intellectual Property Rights in the Content created by Users on the Website, but if you post a Gratitude Message:
You grant us a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable license to reproduce, modify, delete, adapt and publish any Content you post or upload and to sub-license the same for such purposes in connection with the provision of the Service as RetrospAct considers necessary from time to time;
you warrant that you have all necessary rights and consents in the Content that you contribute and that the Content does not in any way breach these Terms.
13. Use of Website Material
The contents of the Website (other than Content, Thank You Cards and Gratitude Messages), including all other text, graphics, images, logos, icons, images, photographs, audiovisual material and other content (“Website Material”) are or may be protected by Intellectual Property Rights. Intellectual Property Rights in that material are either owned by or licensed to Us.
You may not, without our prior written permission, in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish, disassemble, reverse engineer or create derivative works from any Website Material;
commercialize or sell to anyone any information, Content, products or services obtained from any part of the Website;
mirror or frame the Website or any part or page of the Website; or
use any automated process of any sort to query, access, retrieve, spam, phish, pharm, pretext, spider, crawl, scrape, data-mine or copy any Website Material or generate or compile any document, index or database based on the Website Material.
If you are a recognized media outlet or a commercial online publication, you may use the Website Material subject to you acknowledging RetrospAct as the source of the relevant material re-published by you.
You agree not to disclose to any person or entity, personally identifiable information about other Users that you learn using the Website (whether posted in a Page or emailed to you by a User) without the express written consent of such User.
Except as expressly set forth herein, no right, title or interest in or to our Intellectual Property Rights is granted by us to you whether by implication, estoppel, or otherwise, and the provision of the Website, the Services and the Website Material to you hereunder shall have no effect on our Intellectual Property Rights with respect to the Website, the Services or the Website Material. You agree to respect all such rights, and to take or permit to be taken no actions which would infringe upon, misappropriate or violate such rights. As between You and us, all Intellectual Property Rights in and to the Website, the Services and the Website Material, and any improvements or other ideas, discoveries or inventions related thereto (including any and all those made in response to your feedback or suggestions), will be our property.
The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our inclusion of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stipulated to the contrary.
15. Privacy, Security of Information and data and system integrity
You acknowledge and agree that the Website and each Service are provided on an “as is” and “as available” basis. Although we will make reasonable efforts to provide the Website and the Service to you, you acknowledge and agree that there may be interruptions of Service for short or long periods. We cannot guarantee that errors will be corrected in the fastest way possible. Nevertheless, we do our best to keep the Website running smoothly and securely.
The Website may contain bugs, errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including without limitation, servers, computers, tablets and smart phones) connected to your device. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Website at any time without notice.
16. Limitation of liability; Disclaimer
In the event of a breach by RetrospAct of a condition, warranty or obligation under these Terms, to the maximum extent permitted by law, RetrospAct's liability for such breach is limited to:
reimbursement of any charges deducted in error; or
refund of charges paid for a Thank It Back Premium Membership, as determined by RetrospAct in its sole discretion.
To the maximum extent permitted at law, we also disclaim all warranties and representations, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, suitability, title, non-infringement, and/or arising from a course of dealing. We do not control or direct what people and others do and say, and we are not responsible for their actions or conduct (whether online or offline), or any Content that is shared (including offensive, inappropriate, obscene, unlawful or other objectionable Content).
You must ensure that your access to the Website is not illegal or prohibited by laws or policies (such as employers' usage policies) that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility or liability for any interference or damage to your own computer which arises in connection with your use of the Website or any linked website or service that is unrelated to RetrospAct.
18. Termination and prohibition of access
We reserve the right to suspend or terminate your access to the Website at any time without notice if:
we form the view there is a breach or threatened breach of these Terms by you,
our account has been hacked and we need time to fix it;
we reasonably suspect that you have provided false information when creating an account.
Upon any such suspension or termination, your right to use the Website and the Services will immediately cease and you will remain liable for all amounts due up to and including the date of suspension or termination. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or any Service. To the maximum extent permitted at law, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such suspension or termination.
19. Additional terms and policies
RetrospAct reserves the right to establish and adopt additional terms and conditions or to modify the existing Terms as it deems reasonable and necessary. You should visit the Website periodically to review these Terms. However, RetrospAct will notify you by email when any such new terms and policies are displayed on the Website.
If you do not agree to the new terms, you should delete your account. However, if you continue to use the Website following our posting of new terms, such continued use will constitute your acceptance of those new terms.
Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the validity or enforceability of other provisions.
Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms will not constitute a waiver of those rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.
22. Governing Law
The law in force in the Republic of Estonia applies to the Terms.
23. Miscellaneous Terms
These Terms and any policies or rules of conduct we apply to the Website or any Service constitute the entire agreement between you and us, superseding any prior or contemporaneous agreements. Headings used in these Terms are included for convenience only and do not otherwise limit or affect these Terms.