Last updated: May 2026
Please read these Terms carefully before using Everly. By creating an account or using the service, you agree to be bound by these Terms. If you do not agree, do not use Everly.
These Terms of Service ("Terms") govern your use of Everly, a handwritten card and occasion management service ("Service") operated by OverQuota Inc., a Delaware corporation headquartered in Arizona ("Company", "we", "us", or "our"). Everly is a registered trade name of OverQuota Inc.
You must be at least 18 years of age to use Everly. By creating an account, you represent and warrant that you are 18 or older. The Service is intended for use by residents of the United States only. By using Everly, you confirm that you are accessing the Service from within the United States.
To use Everly, you must create an account and provide accurate, complete information including a valid email address and phone number. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@geteverlyapp.com if you believe your account has been compromised.
Everly allows you to manage occasions, authorize handwritten card sends, and deliver physical cards to recipients on your behalf via SMS-based approvals. We act as your agent in preparing and sending cards; the content you approve is your responsibility. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.
By using Everly, you agree not to:
Violation of these rules may result in immediate account termination at our sole discretion.
Everly is offered on an annual subscription basis. By subscribing, you authorize us to charge your payment method for the applicable subscription fee. All fees are stated in U.S. dollars.
You may cancel your subscription at any time through your account settings or by contacting us at hello@geteverlyapp.com. Cancellation takes effect at the end of your current billing period. We do not provide refunds, partial or otherwise, for unused portions of a subscription term. Upon cancellation, your access to the Service will continue until the end of the paid period.
We reserve the right to suspend or terminate your account at any time, with or without notice, at our sole discretion — including but not limited to violations of these Terms, abusive use of the Service, or for any other reason we deem appropriate. You may also delete your account at any time. Upon termination, your right to use the Service ceases immediately. Sections 7, 8, 9, and 10 of these Terms survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE DELIVERY DATES OR THAT CARDS WILL ARRIVE BY ANY PARTICULAR DATE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OVERQUOTA INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO MISSED OCCASIONS, FAILED OR DELAYED DELIVERIES, LOST DATA, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless OverQuota Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Arizona, and you consent to personal jurisdiction in those courts.
All content, branding, design, copy, logos, and software comprising the Everly service are the exclusive property of OverQuota Inc. and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended personal purpose. You may not reproduce, distribute, modify, create derivative works from, or otherwise exploit any part of the Service or its content without our prior written consent.
Everly relies on third-party vendors to fulfill core service functions, including card printing, physical mail delivery, and payment processing. We are not responsible or liable for any failures, errors, delays, or interruptions caused by these third-party providers, including but not limited to printing errors, lost or delayed mail, or payment processing failures. Your use of payment processing services is also subject to the terms and conditions of our payment processor.
The Everly service is delivered primarily via SMS. By creating an account and providing your phone number, you expressly consent to receive text messages from OverQuota Inc. related to your account, card approvals, occasion reminders, and service updates. Message frequency varies based on your account activity. Standard message and data rates may apply depending on your carrier and plan. You may opt out of SMS communications at any time by replying STOP to any message, though doing so may limit or prevent your use of the Service. For help, reply HELP or contact us at hello@geteverlyapp.com.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to the Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy with respect to data practices, the Privacy Policy shall control.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms will continue in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and OverQuota Inc. with respect to the Service and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the Service. No statement made by any representative of OverQuota Inc. — including in marketing materials or communications — shall be construed as a modification of or addition to these Terms unless made in writing and signed by an authorized officer of OverQuota Inc.
We may update these Terms from time to time. If we make material changes, we will notify you by email or via the Service prior to the changes taking effect. Your continued use of Everly after updated Terms are posted constitutes your acceptance of those changes.
Questions about these Terms? Contact us at hello@geteverlyapp.com.
OverQuota Inc. d/b/a Everly
Arizona, United States