PARTNER PROGRAMRefer a business and earn 5% of every mailing they send, for as long as they mail with us. Free to join. Become a partner →
The Postcard Distillery

Terms of Service

DRAFT FOR ATTORNEY REVIEW. Updated 10/26/2026 to match decisions through that date. Bracketed items are still open.

Company: [LEGAL ENTITY NAME] Operating as: The Postcard Distillery Address: 1659 W State Hwy 46, Ste 115 #446, New Braunfels, TX 78132 Effective date: [DATE] Version: [1.0]

1. Agreement

These Terms govern your use of The Postcard Distillery (the "Service"), operated by [LEGAL ENTITY NAME] ("we," "us"). By creating an account or placing an order you agree to these Terms, the Privacy Policy, the Acceptable Use Policy, and the Refund and Cancellation Policy, each incorporated here by reference.

If you are agreeing on behalf of a business, you represent that you are authorized to bind that business.

2. The Service

We provide direct mail services including audience selection, mailing list procurement and hygiene, advertisement design, print production, and delivery to the United States Postal Service. We offer postcards in three trim sizes: 4 x 6, 6 x 9, and 6 x 11, all printed on 14 pt coated stock and mailed as USPS Marketing Mail. Each job includes a unique trackable QR code on every card and a landing page for your offer.

We are a service provider. We do not endorse, verify, or take responsibility for the content of your mail piece beyond the production standards described in these Terms.

3. Accounts

You must provide accurate business information and keep it current. You sign in with a one-time code sent to your email address. You are responsible for all activity under your account and for keeping access to that email address secure. Notify us immediately at [SECURITY EMAIL] if you believe your account has been accessed without authorization.

We retain your account data, including past jobs, creative, audiences, and results, for your reference and for reordering, subject to the retention schedule in the Privacy Policy.

4. Orders, quotes, and pricing

4.1 Quotes. Prices quoted are based on the audience count, quantity, trim size, and options selected at the time of quoting. Audience counts reflect data available at that moment and change as the underlying data changes. A quote is not binding until the order is approved and paid.

4.2 Final quantity. Mailing lists change during address hygiene. Records may be removed as undeliverable, duplicated, or subject to suppression. We will mail the deliverable quantity produced by that process. Where the final quantity differs materially from the quantity quoted, we will [ADJUST THE CHARGE / NOTIFY YOU BEFORE PROCEEDING / OTHER - DECIDE].

4.3 Minimum and volume pricing. The standard minimum order is 250 pieces. Orders of 250 to 50,000 pieces or more are priced per piece by quantity tier, and the tier price for the order's total quantity applies to every piece in the order. The current tiers are shown on our website and in every quote.

4.4 Price changes. Postage rates are set by the United States Postal Service and change without our involvement. Print and data costs change. We may change prices at any time. A change does not affect an order already approved and paid.

4.5 Taxes. Prices exclude applicable taxes, which we will add where required.

4.6 Referrals. If you reached us through a referral partner's link or code, that partner is recorded on your account permanently and earns a commission on your orders. The partner is notified when you create your account, sign in, and place an order. The partner never receives your spend, your creative, your audience, or your results.

5. Payment

5.1 Methods. We accept credit and debit cards. We do not accept bank transfers or checks.

5.2 One price. Published prices include card processing. We do not add a surcharge or processing fee at checkout.

5.3 Payment before production. Full payment is required before a job enters production.

5.4 Chargebacks. If you dispute a charge for a job that has mailed, we will provide the approval record, the printed proof, and the postal receipt to your card issuer. You agree that the approval record described in Section 7 is conclusive evidence of your authorization.

6. Your content

6.1 What you give us. "Your Content" means everything you supply or authorize us to use: logos, images, copy, offers, contact information, mailing lists, and anything we collect from your website at your direction.

6.2 Your warranties. You represent and warrant that:

6.3 License to us. You grant us a non-exclusive license to use, reproduce, modify, and print Your Content as necessary to provide the Service, and to retain it in your account for reordering.

6.4 Website collection. If you direct us to collect brand assets from your website, you authorize that collection and warrant that you have the right to use everything collected. We present everything we collect for your confirmation. Nothing is printed until you confirm it.

6.5 Indemnity. You will indemnify, defend, and hold us harmless from any claim, loss, or expense, including reasonable attorneys' fees, arising from Your Content, from any mailing list you supply, from your breach of these Terms, or from any claim that a mail piece we produced at your direction was unlawful, deceptive, or infringing.

7. Proofs and approval

7.1 You must approve. No job is printed without your approval.

7.2 What approval means. By approving, you confirm that you have reviewed and accept the proof in full, specifically including spelling, grammar, your business name, phone number, address, website, license number, offer terms, offer expiration date, pricing, and every claim on the piece.

7.3 The approval is final and it is logged. We record your approval with the approving user, the date and time, the originating IP address, and the exact file approved. You are responsible for errors in an approved proof. Once approved, a job proceeds to production and cannot be changed.

7.4 Reprints. We will reprint at our cost only where the error is ours: the printed piece does not match the approved proof, or a production defect makes the piece unusable. We will not reprint for errors present in the proof you approved, including our own typographical errors that you approved. Reprint requests must be made within [NUMBER] days of the mail date with a sample of the defective piece.

8. Mailing lists

8.1 Lists we source. Lists we procure are licensed from third-party data providers, subject to the provider's terms. They are estimates of households matching your criteria. We do not warrant that any individual on the list is a prospective customer, will receive the mail, or will respond.

8.2 Lists you supply. You warrant that you have the right to mail to any list you supply. We will process it for address accuracy. We are not responsible for the quality, legality, or provenance of lists you supply.

8.3 Address hygiene. We process lists through USPS-required Move Update and address standardization. Some records will be removed as a result.

8.4 Undeliverable mail. Some percentage of any mailing is undeliverable. This is normal and is not a defect. We do not refund postage or production on undeliverable pieces.

8.5 List ownership. Lists we procure are licensed for the specific mailing. You do not acquire ownership of a list we source and may not use, copy, resell, or retain it outside the Service. Your own supplied lists remain yours.

9. Production and delivery

9.1 Timing. Your mail is delivered to the USPS within 3 business days of your proof approval and is typically in homes within a week. Mailings over 10,000 pieces may take a little longer for production. Delivery times are set by USPS and are outside our control. Stated timeframes are targets and not guarantees.

9.2 Delivery by USPS. We deliver to the Postal Service. In-home delivery dates are controlled by USPS and are outside our control. Marketing Mail carries no delivery time guarantee. We are not responsible for USPS delays, misdelivery, or damage.

9.3 Mailing confirmation. On completion we provide postal documentation confirming that the job was accepted by the Postal Service, and we keep it in your account.

9.4 Tracking. Each card carries an Intelligent Mail barcode. Your account shows each job as Ordered, In production, At USPS, and Delivered. USPS scans letters during processing but does not scan them at the mailbox, so "Delivered" is the date USPS processing indicates delivery should occur. It is an expected date, not a confirmed delivery.

9.5 Production variance. Normal commercial printing tolerances apply, including variation in color, trim position, and finishing. Color on a printed piece will differ from color on your screen. Overruns and underruns within [PERCENTAGE] percent are standard and are not a defect.

9.6 Vendors. We use third-party print and mail vendors and may route your job to any qualified vendor at our discretion.

10. QR codes, landing pages, and call tracking

10.1 QR codes. Every card carries its own trackable QR code at no charge. A scan is recorded against the card, and so against the address that card was mailed to, then sends the visitor to the destination you choose: your included landing page or your own website. You can change the destination after mailing.

10.2 Landing pages. Each job includes a landing page built from your approved card content. It stays live for twelve months, then automatically redirects to your website. Lead form submissions are emailed to you and kept in your account. We collect that form data on your behalf.

10.3 Call tracking numbers. A call tracking number is $120 for twelve months from activation, or $200 for twenty-four months paid up front. It renews in the same terms. You choose the number calls ring through to and can change it in your account at any time.

10.4 Expiration and release. We will notify you by email, and by text if you have opted in, about thirty days before expiration (month eleven of a twelve-month term). We are not responsible for missed calls, lost business or any other loss caused by a number that expires or is released because it was not renewed, or by a ring-through number that was entered incorrectly or not kept up to date. If you do not renew, the number is released and cannot be recovered. A released number may be reassigned by the carrier to another party. Do not use a tracking number in any material you cannot update.

10.5 Recording. Calls to tracking numbers are recorded. Before the call connects, every caller hears: "This call may be recorded for quality assurance purposes." Recordings are kept in your account with your call reports. [Counsel to confirm the announcement wording satisfies all-party consent states and whether the business answering the call also needs notice.]

10.6 Reporting. Scan and call reports are sent weekly for 60 days after mailing and stay in your account. Reports are based on data from our providers. We do not warrant their completeness or accuracy and we are not responsible for interruptions in carrier service.

11. Cancellation and refunds

See the Refund and Cancellation Policy. In summary: once a job is approved and enters production, it cannot be cancelled and is not refundable, because list, print, and postage costs are committed at that point.

12. Acceptable use

See the Acceptable Use Policy. We may refuse or stop any job that violates it, at any point, and we may terminate your account. Where we stop a job for a violation, costs already incurred are not refundable.

13. Intellectual property

13.1 Ours. The Service, including the platform, templates, and design system, is ours. You receive no rights in it.

13.2 Yours. Your Content is yours.

13.3 Finished designs. On full payment you receive a non-exclusive, perpetual license to use the finished advertisement we produce for you, for your own marketing. Underlying templates, design system elements, and any licensed stock imagery are not included in that license and may not be extracted or reused separately.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT ANY LEVEL OF RESPONSE, INQUIRIES, SALES, OR RETURN ON INVESTMENT FROM ANY MAILING. Direct mail results depend on your offer, your market, your business, and factors outside our control.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO A JOB WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THAT JOB.

WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOST GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

Some jurisdictions do not allow these limitations, in which case they apply to the maximum extent permitted.

16. Term and termination

Either party may terminate at any time. Termination does not affect jobs in production or amounts owed. We may suspend or terminate immediately for violation of these Terms or the Acceptable Use Policy. Sections 6, 7.3, 8.5, 13, 14, 15, and 17 survive.

17. Disputes

17.1 Governing law. These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles.

17.2 [Arbitration. Any dispute will be resolved by binding individual arbitration administered by [ARBITRATION BODY] in [COUNTY], Texas. You and we each waive the right to a jury trial and to participate in a class action.] (Counsel to advise whether to include arbitration and a class waiver, and whether to offer an opt-out window.)

17.3 Time limit. Any claim must be brought within one year after it arises.

18. General

18.1 Changes. We may modify these Terms. Material changes will be posted with a new effective date and notified to account holders. Continued use after the effective date is acceptance. The version in effect when you approved a job governs that job.

18.2 Entire agreement. These Terms, with the policies incorporated by reference, are the entire agreement between us.

18.3 Severability. If any provision is unenforceable, the rest remains in effect.

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

18.5 Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, including postal service disruption, natural disaster, and supply chain failure.

18.6 Independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship.

19. Contact

[LEGAL ENTITY NAME] 1659 W State Hwy 46, Ste 115 #446, New Braunfels, TX 78132 [SUPPORT EMAIL] Support is provided by email and text message, answered first by an automated assistant that hands off to a person when needed. We do not offer phone support.