Effective date: November 2, 2026

SnailMailHQ Creator Agreement

This Creator Agreement ("Agreement") is between Gingiber LLC d/b/a SnailMailHQ ("SnailMailHQ," "we," "us") and the person or entity creating a club ("Creator," "you"). It governs your use of SnailMailHQ to operate subscription clubs. It is separate from the member-facing Terms of Service.

By creating a club, connecting Stripe, or clicking "I agree," you accept this Agreement.

1. What SnailMailHQ is (and is not)

SnailMailHQ provides subscription-management technology: club pages, checkout, recurring-billing orchestration via Stripe, member and shipping lists, waitlists, and transactional email. You — not SnailMailHQ — sell your goods to your members. You are the seller and, as configured, the merchant of record for your members' payments. SnailMailHQ is not a party to the sale between you and your members.

2. Eligibility

You must be at least 18 and able to form a binding contract. Creator accounts are invite-only during beta. You must provide accurate account and business information and keep it current.

3. Plans, fees, and platform billing

(a) Plans and Fees: SnailMailHQ offers various plans at various fees, which are detailed on our website. You will be charged the advertised fee for the plan you select. In the event that fees are increased in the future, SnailMailHQ will provide you with thirty (30) days' notice via email prior to the fee increase.

(b) Plan Downgrades: You may downgrade your subscription plan via the platform dashboard. Downgrades take effect at the start of your next billing cycle. If a proposed downgrade would cause your account to exceed the permitted limits of the lower plan (e.g., maximum permitted active clubs or membership tiers), you must reduce your active clubs or tiers to meet the lower plan's threshold prior to initiating the downgrade. SnailMailHQ reserves the right to block downgrade requests until your account configuration complies with target plan limits.

(c) Failed Payments & Grace Period: If payment for a Studio or Pro plan fee fails, SnailMailHQ will re-attempt charge processing and issue automated billing notices. You are granted a strict seven (7) calendar day grace period ("Grace Period") from the initial payment failure date to update your payment method and settle outstanding fees. During the Grace Period, your club, member access, and member data remain intact. If all outstanding platform fees are not paid in full upon the expiration of the Grace Period, SnailMailHQ reserves the right to immediately downgrade your account to the Starter plan, disable paid features, or suspend platform access.

4. Stripe Connect and payments

You must connect a Stripe account to operate a club on SnailMailHQ. Your use of Stripe is governed by the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Processor Agreement"). By connecting your Stripe account, you authorize SnailMailHQ, acting as your platform agent, to: (a) create, manage, and modify products, pricing, recurring subscriptions, and charges on your connected account; (b) access and read transaction data, member payment statuses, chargeback histories, and payout metrics solely to operate your dashboard; (c) initiate customer refunds that you authorize or that we are required to process under this Agreement; and (d) instruct Stripe to automatically deduct applicable platform fees and chargeback holdbacks directly from your gross transaction revenues before payout. We do not store or access your underlying Stripe account credentials and do not hold your funds; Stripe processes all payouts directly to your bank account under your designated payout schedule. Upon termination of this Agreement, SnailMailHQ reserves the right to disconnect your Stripe account from the platform API.

5. Chargebacks, refunds, and disputes

As merchant of record, you are responsible for your members' refunds, chargebacks, and disputes, including associated fees. You set your club's refund/shipping/damage policy through your club settings; that policy is presented to your members and governs their purchases. You agree to honor it. SnailMailHQ may, but is not obligated to, assist with dispute evidence.

6. Your content and a license to display it

(a) Digital License Grant: You retain full ownership of the artwork, images, text, promotional graphics, and other digital content uploaded to SnailMailHQ ("Creator Content"). You grant SnailMailHQ a worldwide, non-exclusive, royalty-free, revocable license solely to host, store, reproduce, cache, format, and display Creator Content to operate, administer, and market your club and the platform.

(b) Digital vs. Physical Liability: You acknowledge that the Digital Millennium Copyright Act (DMCA) Safe Harbor described in our DMCA Policy applies solely to digital media hosted on SnailMailHQ. You represent and warrant that all physical items, art prints, stickers, letters, paper goods, and mailed merchandise ("Physical Goods") produced, sold, or shipped through your club are 100% original to you or fully authorized under written licenses. You hold sole, direct, and primary liability for any copyright, trademark, trade dress, or right of publicity claims arising from Physical Goods mailed to members.

(c) AI Artwork Policy: SnailMailHQ is built exclusively for human-created physical art. All Physical Goods mailed to members must constitute works of original human authorship.

(i) Prohibited Generative AI: You shall not print, ship, or distribute any Physical Goods wherein the core artistic expression or primary visual work was generated by a text-prompt or autonomous generative artificial intelligence model (including but not limited to Midjourney, DALL-E, or Stable Diffusion).

(ii) Permitted Assistive AI Tools: You may use AI-assisted editing tools (e.g., digital noise reduction, background removal, upscaling, color correction, or brush engine stabilization) solely as secondary utilities to refine artwork originally drawn, painted, or authored by your human hand.

(iii) Marketing Exception: Generative AI tools may be used solely for product mockups, background scenes, or promotional banner photography hosted digitally on SnailMailHQ.

(d) Verification Audit & Breach Remedy: Upon written request from SnailMailHQ, you agree to provide reasonable proof of human authorship (such as layered digital source files, physical sketches, or process logs) for any Physical Goods challenged by a third party or platform audit. Distributing generative AI Physical Goods or infringing items constitutes a material breach entitling SnailMailHQ to immediately terminate your account, suspend Stripe payouts, and debit your connected account to issue full refunds to affected members.

7. Member data — permitted use

You may access your members' names, email addresses, shipping addresses, and order/membership history to fulfill and administer the subscription (mailing goods, service messages, and directly related communication) and for other purposes permitted by applicable privacy and anti-spam law. You are an independent controller of member data you export and use outside the platform, and you are responsible for your own compliance (including CAN-SPAM, and where applicable, state/foreign privacy laws) for such use. Downloading a member's contact information does not grant you the right to send that person unrelated marketing. You must not sell or transfer member data except in a bona fide sale of your club with member notice as required by law.

8. Your obligations to your members

You will: describe your club accurately; fulfill and ship as promised; provide member customer service; honor your stated refund/cancellation policy; and comply with consumer-protection and subscription-billing laws applicable to your sales. SnailMailHQ provides compliant checkout and cancellation tooling, but you remain responsible for your merchandise, claims, and fulfillment.

9. Permitted and prohibited merchandise

You may sell only goods permitted by the Prohibited Products Policy (incorporated by reference).

During current operations, clubs are limited to non-regulated creative/paper goods approved by SnailMailHQ. Regulated categories (food, supplements, cosmetics, alcohol, CBD, etc.) are not permitted.

10. Taxes

You are the sole Merchant of Record and retain primary legal responsibility for determining, calculating, collecting, reporting, and remitting all applicable sales, use, excise, VAT, or local transaction taxes on sales made to your members, as well as all taxes levied on your business income. To the extent that SnailMailHQ is determined by a state or tax authority to be a "Marketplace Facilitator" or "Marketplace Provider" under applicable law, you authorize SnailMailHQ (or its designated tax integration partners) to automatically calculate, collect, and remit applicable sales taxes on transactions processed through your connected Stripe account. Marketplace tax collection by SnailMailHQ does not relieve you of reporting obligations in jurisdictions where you maintain independent tax nexus or for non-facilitated sales.

11. Service availability, beta, and changes

The platform is provided "as is" and "as available." Beta features may change or be withdrawn. We may modify, suspend, or discontinue features with reasonable notice where practicable. We aim for high availability but do not guarantee uninterrupted service.

12. Suspension and termination

(a) Termination Rights: Either party may terminate this Agreement at any time via account cancellation settings or written notice. SnailMailHQ may suspend or terminate your account immediately without prior notice upon: (i) material breach of this Agreement; (ii) suspected fraud, illegal activity, or prohibited merchandise sales; (iii) excessive chargebacks or payment disputes; or (iv) non-payment of platform fees beyond the Grace Period.

(b) Active Member Wind-Down Protocol ("Creator Abandonment"): If your account is terminated or suspended while you have active paying members:

(i) SnailMailHQ shall immediately disable all recurring subscriber billing for your club to prevent future charges.

(ii) You remain strictly obligated to fulfill all paid Physical Goods shipments owed to members for active billing periods prior to termination.

(iii) If you fail or refuse to execute physical order fulfillment within fourteen (14) days post-termination ("Abandonment"), SnailMailHQ is authorized to issue notice to your members, initiate automatic pro-rata subscriber refunds, and instruct Stripe to debit your connected account or reserve funds for all unfulfilled subscription charges and processor dispute fees.

(iv) You remain fully liable for all customer chargebacks, refunds, and financial obligations incurred prior to or resulting from account termination.

13. Data export and portability

You may export your member list and club data at any time while your account is active and for thirty (30) days after termination, except where retention or deletion is required by law.

14. Warranties, disclaimers, limitation of liability, indemnification

(a) Express Disclaimer: THE PLATFORM, SOFTWARE, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. SNAILMAILHQ EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT PLATFORM ACCESS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CREATOR DATA WILL NOT BE SUBJECT TO UNFORESEEN LOSS.

(b) Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SNAILMAILHQ, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PLATFORM USE. SNAILMAILHQ'S AGGREGATE TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL PLATFORM FEES PAID BY YOU TO SNAILMAILHQ IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (II) ONE HUNDRED US DOLLARS ($100.00).

(c) Creator Indemnification: You agree to defend, indemnify, and hold harmless SnailMailHQ, its parent entity, affiliates, officers, directors, members, employees, and agents from and against any third-party claims, liabilities, losses, damages, injuries, demands, tax assessments, penalties, and legal fees (including reasonable attorney fees) arising out of or related to:

(i) Your Creator Content, Physical Goods, artwork, stickers, prints, or shipped merchandise, including claims of copyright, trademark, or trade dress infringement;

(ii) Your breach of this Agreement, the Prohibited Products Policy, or the AI Artwork Policy;

(iii) Any dispute between you and a member, including unfulfilled mailings, defective products, shipping delays, or refunds;

(iv) Your failure to collect, report, or remit applicable taxes; or

(v) Your export, storage, or processing of member personal data in violation of CAN-SPAM or privacy laws.

(d) Setoff Rights: You authorize SnailMailHQ to instruct Stripe to withhold, deduct, set off, or debit from your connected account balances or future payouts any sums required to satisfy your indemnification obligations, chargeback reserves, platform fee arrearages, or subscriber refund liabilities under this Agreement.

15. Prohibited conduct

No: circumventing fees; using the email infrastructure for unrelated marketing or spam; scraping other creators' data; reverse-engineering; uploading malware; infringing content; or unlawful/deceptive practices.

16. Governing Law, Binding Arbitration, and Class Action Waiver

(a) Governing Law: This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of laws principles.

(b) Binding Mandatory Arbitration: Except for qualifying small-claims court actions or suits seeking temporary injunctive relief regarding IP infringement, any controversy, claim, or dispute arising out of or relating to this Agreement, your use of the platform, or the breach thereof, shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration hearings shall take place in Pulaski County, Arkansas (or virtually upon mutual agreement). Judgment on the arbitration award may be entered in any court having jurisdiction thereof. This arbitration agreement is executed pursuant to the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the Arkansas Uniform Arbitration Act (Ark. Code Ann. § 16-108-201 et seq.).

(c) CLASS ACTION AND JURY TRIAL WAIVER: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT YOU AND SNAILMAILHQ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

(d) Supplemental Terms for EEA and UK Creators: If you are a Creator established or resident in the European Economic Area (EEA) or the United Kingdom, your relationship with the Platform is additionally governed by the terms set forth in Schedule A (P2B Compliance Addendum) attached hereto, which are incorporated into this Agreement by reference. In the event of any conflict between the main body of this Agreement and Schedule A, Schedule A shall control for EEA and UK Creators.

ADDENDUM: TERMS APPLICABLE TO EEA AND UK CREATORS (P2B COMPLIANCE)

If you are an independent creator established in the European Economic Area or the United Kingdom, the following statutory terms apply pursuant to Regulation (EU) 2019/1150:

1. Advance Notice for Terms and Fee Changes: SnailMailHQ.com will provide you with at least fifteen (15) days’ prior written notice on a durable medium (via your registered account email) before implementing any material changes to these Terms, the Creator Agreement, or platform transaction fees. During this 15-day notice period, you have the statutory right to terminate your account prior to the effective date of the amendments. The 15-day notice period may be waived only where changes are required by immediate statutory or court orders, or to counter imminent cybersecurity or fraud threats.

2. Grounds for Account Suspension and Termination: If SnailMailHQ.com decides to restrict, suspend, or terminate your Creator storefront or connected payout access, we will provide you with a written statement of reasons on a durable medium:

• In the event of account termination, the statement of reasons will be delivered at least thirty (30) days prior to the effective date of termination, unless termination results from a material breach, repeated intellectual property infringement (DMCA), illicit/prohibited products, or legal compliance mandates.

3. Ranking and Algorithmic Parameters: If the Platform features creator search, directory listings, or algorithmic discovery, the primary parameters determining discovery rankings are: (a) recency of club creation; (b) subscriber engagement and club activity; and (c) platform policy compliance status. SnailMailHQ.com does not accept direct remuneration from Creators to artificially prioritize search rankings over other creators.

4. Internal Dispute Handling: You may submit complaints regarding platform technical performance, measures taken by SnailMailHQ.com, or terms interpretation to compliance@SnailMailHQ.com. We process internal complaints without undue delay and communicate the outcome in writing.