Terms of Service

warmgesture (“warmgesture”, “we”, “us”, “our”) is a small independent business operated by an individual based in Singapore. It is not an incorporated company, and references to warmgesture in these terms mean that operator. Payments are collected through a Stripe account held in the operator’s name.

In these terms, “you” means the person using the service or placing an order. A “page” means the personalised interactive website we publish for you. A “recipient” means anyone you share that page with.

You can reach us at contact@warmgesture.com, which is the proper channel for questions, complaints, edit requests, takedown requests and any notice under these terms. Including your receipt reference helps us find your order quickly.

warmgesture sells a digital gift. You choose one of our designs, personalise it in your browser with your own words, images and settings, pick a web address, and pay once. We then publish an interactive page at that address, for a limited period, and email you a receipt with the link so you can share it with the person it was made for.

You can preview a design and your customisation before you pay. What you see in the preview is what we publish.

How a scene fits your screen. Our scenes adapt to the screen they are opened on. Viewed on a smaller screen, such as a phone, parts of a design or scene may be cropped or scaled to fit, so the same page can look a little different from one device to another. Before you buy, you can use the preview to see how a design looks on the kind of screen you expect the recipient to use.

warmgesture is a novelty gift, not a storage or hosting service. It is not a backup, an archive, a website builder, or a place to keep anything you cannot afford to lose. Please keep your own copies of any words or images that matter to you.

Our designs keep improving. We may add, change or improve our designs and features at any time. This can include the design your page is built from, even after it has gone live. We regularly make small adjustments, such as smoothing an animation, improving overall performance, or acting on feedback, so a page may look or behave slightly differently from the day it was bought. These adjustments are to our design, not to your content. Your words, images and settings stay exactly as you supplied them.

At checkout you choose a web address for your page from those available at that moment. Availability is checked as a courtesy while you type, but it is only final when your order is published, because someone else may complete an order for the same address first.

In the rare case that this happens, we will ask you to choose another available address for the same order at no extra charge. If you would rather not go ahead, tell us and we will refund that order in full.

Some addresses are unavailable or reserved, including ones we use for the service itself, and ones we consider offensive, misleading, infringing, or likely to suggest a connection with warmgesture or with another person or business. We may refuse or withdraw an address on that basis.

Your address is licensed to you for the term of your page only. You do not buy or own the address, the domain name it sits under, or any trade mark or other right in it, and you may not sell or transfer it. When your page’s term ends, the address returns to the pool and may later be used by someone else.

You must be at least 18 years old and legally capable of entering into a binding contract to place an order. If you are under 18, please ask a parent or legal guardian to place the order for you. They will be our customer, and these terms apply to them.

The price of a page is the price shown at checkout, in the currency you are quoted there, as a single one-time payment. There is no subscription and no recurring charge. You may add a voluntary tip; a tip buys nothing additional. If we refund an order in full, that refund includes the tip.

Which currency you are quoted may depend on where you appear to be when you visit. The price shown to you at checkout is the price we charge for that order.

Payments are processed by our payment provider, Stripe. You complete payment on their secure page, and their terms and privacy policy apply to that part of the process. We do not receive or store your full card or bank details.

Prices are shown inclusive of any tax we are required to collect. Any charge added by your own bank, card issuer or payment provider, such as currency conversion or a foreign transaction fee, is yours to pay.

Your order is an offer to buy. The contract is formed when we confirm your payment and publish your page. If an order is affected by an obvious pricing or description error, we may cancel it and refund you in full rather than deliver at the wrong price.

Delivery is digital and normally immediate: your page goes live once payment is confirmed, and a receipt with the link is sent to the email address you gave at checkout. Nothing is posted to you. Please enter your email address carefully, and check your spam folder if the receipt does not arrive.

Your page stays live for one year from the date of payment, unless we state a different period at checkout. When that period ends, the page stops working, the personal content in it is deleted as described in our Privacy Policy, and the address returns to the pool. We cannot promise to recover anything after that, so please save your own copy of anything you want to keep. We may, but do not have to, offer a way to extend or renew a page before it expires.

You can ask us to unpublish and delete your page before its term ends by emailing us from the address you used at checkout. Doing so does not entitle you to a refund of the remaining time unless the reason is our fault.

Immediate delivery and cooling-off rights. Where the law gives you a right to cancel digital content within a cooling-off period, you expressly ask us to begin delivery immediately when you place your order, and you acknowledge that you lose that cancellation right once delivery has begun. This does not affect the refunds described below, or any right you have where something has gone wrong.

Because you can preview your page before paying and delivery is immediate, orders are generally final once the page has been published.

We will put things right, by refund or otherwise, where:

• you were charged more than once for the same order;
• payment succeeded but no page was published;
• your page is materially broken or unusable because of a fault on our side, and we cannot fix it within a reasonable time; or
• we remove or stop serving your page for a reason that is not your fault.

We do not normally refund:

• a change of mind after the page has been published;
• mistakes in the content you entered, such as spelling, dates or the wrong photo, although you are welcome to ask and we will help where we reasonably can;
• how a design looks on a particular screen or device, or small adjustments we make to one of our designs, where these are the normal behaviour described under What we provide;
• the recipient’s reaction, or your sharing the link with the wrong person;
• tips, except where we refund the order in full; or
• orders ended because you broke these terms.

None of this limits rights you have under consumer law that cannot be excluded, including any right to a remedy where what we supplied was not as described or not of satisfactory quality.

To ask for a refund, email contact@warmgesture.com with your receipt reference and what went wrong, as soon as you reasonably can. Please contact us before raising a chargeback with your bank, as almost everything is quicker to resolve directly.

“Your content” means everything you submit: your messages and words, names, captions, photographs, the design and styling choices you make, and the address you pick.

You keep ownership of your content. We claim no ownership of it.

You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, reformat, resize and display your content, and to make the technical adaptations needed to render it, solely in order to show you a preview, publish and serve your page, keep the service running, and support you. The licence lasts as long as we hold your content and ends when it is deleted. We will not use your content to advertise or promote warmgesture without asking you first.

You confirm that, for everything you submit:

• you own it, or you have permission to use it in this way;
• you have the consent of anyone who is identifiable in it, particularly anyone appearing in a photograph, both to include them and to share the page with others;
• it does not infringe anyone’s copyright, trade mark, privacy, publicity or other rights; and
• it is lawful and does not break our acceptable use rules below.

You decide who receives your link, and you are responsible for that decision. Please also read our Privacy Policy, which explains that a published page can be opened by anyone who has its link.

You may not use warmgesture to create, publish, send or store anything that:

• breaks the law, or encourages anyone else to;
• harasses, threatens, bullies, defames or intimidates anyone;
• is hateful or discriminatory towards a person or group on the basis of race, religion, ethnicity, nationality, sex, gender, sexual orientation, disability or any similar characteristic;
• sexualises a child in any way, or depicts a child in a sexual or abusive context. We treat this as absolute, and we report it;
• is sexually explicit, or shares intimate images of anyone without their clear consent;
• impersonates another person or business, or falsely suggests an endorsement or a connection with warmgesture;
• reveals someone else’s private or personal information without their permission;
• promotes self-harm, suicide, violence, or serious harm to any person or animal;
• infringes intellectual property, or breaches a duty of confidence; or
• is deceptive or fraudulent, or is used for phishing, spam, scams, unsolicited advertising or malware.

You also agree not to:

• probe, scan, load-test or attempt to gain unauthorised access to any part of the service, or bypass any limit, filter or security measure;
• use bots, scrapers or automated means to access the service, place orders, or collect our designs, other than ordinary search-engine indexing of our public pages;
• copy or reuse our designs, code or artwork, or use them to build a competing product, as set out under Our intellectual property;
• resell, sublicense or commercially exploit a page or a design, or use the service other than for personal, non-commercial gifting; or
• interfere with the service, or with anyone else’s use or enjoyment of it.

We do not review content before it is published, and we are not obliged to monitor it. We may, however, review a page and refuse, edit, unpublish or delete it, or suspend or end your access, where we reasonably believe you have broken these terms or the law, where we are required to by a court, an authority or one of our providers, or where continuing would expose us or anyone else to real risk.

If you believe a page infringes your rights, is unlawful, or contains your personal information or an image of you without your consent, email contact@warmgesture.com with the link and enough detail for us to assess it. We take these reports seriously and act on them promptly.

Where it is appropriate and lawful to do so, we will tell you if we take action on your page and why. If we remove a page for a reason that is not your fault, we will refund you fairly for the remaining time. If we remove it because you broke these terms, no refund is due.

The warmgesture name and logo, the website, and the designs, layouts, illustrations, animations, sounds, text and code that make up our templates belong to us or to our licensors, and are protected by intellectual property laws. Nothing in these terms transfers any of that to you.

When you buy a page, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to use and share that page for the length of its term, for personal, non-commercial purposes. Everything not expressly granted is reserved.

You may not copy our designs. A page being publicly viewable does not put its design in the public domain. Except where applicable law provides otherwise, you may not copy, reproduce, adapt, scrape or reverse engineer our designs, code, artwork or animation, and you may not create a copy or adaptation of them by any means, including with the help of an artificial-intelligence tool. This applies whether or not you have bought a page, and whether the result is sold, given away, or used in a service of your own. Normal use of your own page, and whatever your browser does in order to display it, is of course fine. We enforce this.

If you send us feedback, ideas or suggestions, we may use them freely, without any obligation, payment or credit to you. Please do not send us anything you consider confidential.

We work to keep warmgesture running well, but it is operated by a very small team and depends on third-party providers we do not control, including for payment processing, hosting, storage, email delivery and analytics. A failure on their side may interrupt the service.

We may suspend the service, in whole or in part, for maintenance, upgrades, security, or reasons outside our reasonable control, and we will keep any planned interruption as short as we sensibly can. We may also change or discontinue the service at any time. If we discontinue it in a way that ends live pages before their term is up, we will give reasonable notice where we can, and refund a fair share of what you paid for the unused time.

Our site and emails may link to other websites, including social media. We do not control them and are not responsible for their content, security or practices, and a link is not an endorsement.

warmgesture is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we exclude all warranties, conditions and terms implied by statute or common law, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.

In particular, we do not warrant that:

• the service or your page will be available continuously or without error;
• a page will display identically on every device, browser or connection, or that any sound, animation or effect will work everywhere. Smaller screens in particular may crop or scale a scene, as explained under What we provide;
• a link will stay private. Anyone who obtains it can open the page, as explained in our Privacy Policy; or
• the service will meet your expectations, or produce any particular reaction in the person you send it to.

Nothing in this section limits your rights under consumer law that cannot be excluded or restricted.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded, including your non-excludable rights as a consumer.

Subject to that, and to the fullest extent permitted by law:

• we are not liable for indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, goodwill, opportunity, data or content, however it arises;
• we are not liable for anything caused by your content, your use of a page, your choice of who to send it to, or a failure of your device, browser or internet connection; and
• our total liability to you for all claims connected with an order is limited to the amount you actually paid us for that order.

Some jurisdictions do not allow some of these exclusions or limitations. Where that is the case, they apply to you only to the extent permitted, and our liability is limited to the smallest amount the law allows.

We may update these terms as the service develops, or as the law requires. When we do, we will change the effective date at the top of this page, and where the change is significant we will make a reasonable effort to point it out.

The version in force when you place an order governs that order. Changes do not apply retroactively to a purchase you have already made. If you continue to use warmgesture after a change takes effect, the updated terms apply to that use and to any later order.

These terms, and any dispute or claim arising out of them or out of your use of warmgesture, are governed by the laws of Singapore, without regard to conflict-of-laws rules.

You and we agree to the non-exclusive jurisdiction of the courts of Singapore. If you are a consumer resident elsewhere, this does not deprive you of the protection of the mandatory consumer laws of your country of residence, or of your right to bring proceedings there where the law gives you that right.

Before starting formal proceedings, please contact us at contact@warmgesture.com and give us a fair chance to resolve the matter. Almost every issue is settled far more quickly by email.

Whole agreement. These terms and our Privacy Policy are the entire agreement between you and us about the service, and replace anything said or written before about it.

If part of this is unenforceable. If any provision is found invalid or unenforceable, the rest stays in force, and that provision applies to the greatest extent the law allows.

Transfer. You may not transfer your rights under these terms without our written consent. We may transfer ours to a successor if the business is reorganised, sold or otherwise transferred, provided your rights are not reduced.

No third-party rights. No one other than you and us may enforce these terms, and the Contracts (Rights of Third Parties) Act 2001 of Singapore does not apply to them.

Events outside our control. We are not responsible for a failure or delay caused by something beyond our reasonable control, including provider or network outages, power failures, cyber-attacks, natural events, or acts of government.

Notices. We give notices to the email address you provided at checkout, or by posting them on this site. You give notices to us by email at contact@warmgesture.com.

Survival. Provisions that by their nature should survive, including your content licence for content we still hold, intellectual property, disclaimers, limitation of liability, governing law and these general terms, continue to apply after this agreement ends.