DRAFT — this document has not yet been reviewed by counsel and contains unresolved placeholders. Do not publish it in this state.

Intentionally Creative — Terms of Service

Last updated: September 1, 2026 · rev 3

⚠️ COUNSEL REQUIRED BEFORE PUBLICATION. Section 15 (Legal Disputes, Arbitration and Class Action Waiver) and Section 21.9 (Governing Law) contain placeholders that depend on our legal entity and its jurisdiction, which are unresolved. Do not publish this document with an arbitration clause that counsel has not chosen. An arbitration agreement drafted against the wrong forum is worse than none: it can be struck as unconscionable and take the class-action waiver down with it. See OPEN-ITEMS.md.


THESE TERMS OF SERVICE CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER that affect your rights in any dispute between you and [INTENTIONALLY CREATIVE LEGAL ENTITY NAME, JURISDICTION]. They require most disputes to be resolved by individual arbitration rather than in court or by class action. You have the right to opt out — see Section 15.7. If you are in the EU or the UK, nothing in Section 15 affects your right to bring proceedings in your local court.

These Terms of Service ("Terms") are a legal agreement between you and [INTENTIONALLY CREATIVE LEGAL ENTITY NAME, JURISDICTION], trading as Intentionally Creative ("Intentionally Creative," the "Company," "we," "us" or "our"), governing your use of our mobile applications — Parcel Rush, Pack Perfect, Before I Unpack and Milestone (the "Apps") — our website at get-creative.co (the "Website"), and any other page or feature we operate that links to these Terms (together, the "Services").

By downloading or using the Services you agree to be bound by these Terms. If you do not agree, do not use the Services.


Contents

  1. Eligibility
  2. Updates to these Terms
  3. Privacy
  4. Anonymous device accounts
  5. License to Use the Apps
  6. Use of the Services and Prohibited Activities
  7. Linking
  8. Purchases, In-App Items and In-Game Currency
  9. Intellectual Property Rights
  10. Your Content
  11. Third-Party App Stores, and Apple's Required Terms
  12. Third-Party Sites and Advertising
  13. No Professional Advice
  14. Other Policies
  15. Legal Disputes, Arbitration Agreement, and Class Action Waiver
  16. Warranty Disclaimer; Limitation on Liability
  17. Indemnity
  18. Termination
  19. Notice to New Jersey Users
  20. Notice to California Users
  21. General Terms
  22. Contact Information

1. Eligibility

When you use the Services you represent that:

Milestone additionally requires an adult. The person who installs Milestone and owns the plan must be of the age of majority where they live. Milestone is designed for a teenage honoree to take part on that adult's device, under that adult's supervision — she has no separate account, cannot see any money in the plan, and is never shown a purchase. If you are a minor honoree, you may use Milestone only in that way and only with the account owner's permission.


2. Updates to these Terms

We may modify these Terms from time to time. We will post the amended Terms with a new "Last updated" date before the changes take effect, and we will give notice in the affected App of any change that materially reduces your rights. If you do not agree with a change, stop using the Services before it takes effect. Continuing to use the Services after that means you accept the change.


3. Privacy

Our collection and use of information is governed by our Privacy Policy at https://apps.get-creative.co/legal/privacy.html, which is incorporated into these Terms by reference. Please read it — it is short about the things that matter. Its central points are that no App asks you to register, that each App keeps an anonymous device account with no email address and no profile in it, and that what an App stores for you is stored on our own server, described app by app in Section 2.4 of that policy and in its annexes.


4. Anonymous device accounts

No App asks you to register, and none of them has a login. There is no sign-up form, no username, no password and no profile, and you do not have to give us any personal information to use any App in full.

What each App has instead is an anonymous device account: a random identifier held in your phone's keychain, created by the App without asking you for anything, whose only purpose is to let the App store your own data for you and give it back to the same phone. Parcel Rush and Pack Perfect create one at first launch; Milestone creates one at the first write to the plan; Before I Unpack creates one only if you switch Backup on, and Backup is off until you do. The Privacy Policy sets out per app what is stored and what never is.

What that means for you:

If we ever introduce a sign-in with an email address, a shared plan, or any account you could reach from a second device, we will publish updated Terms and an updated Privacy Policy before doing so, and we will say so in the App.


5. License to Use the Apps

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one copy of an App on a device you own or control, and to run it for your own personal, non-commercial purposes.

You may not copy an App except for one backup or archival copy, and any copy you make must keep every trademark, copyright and proprietary notice intact. You do not acquire any right, title or interest in an App or in our content by using it. All rights not expressly granted are reserved.


6. Use of the Services and Prohibited Activities

Our Apps are for entertainment, organization and record-keeping. You assume responsibility for how you use them.

The Services may be interrupted without notice for maintenance, repair, security or system failure. You are not entitled to a refund or credit for such interruptions.

You agree that you will not:


7. Linking

You may create ordinary text hyperlinks to the Services for informational purposes, provided the link does not portray us falsely, misleadingly or disparagingly, and the linking site contains no unlawful, harassing, defamatory, obscene, hateful, infringing or otherwise objectionable material. Subject to our robots.txt, we permit public search engines to index the Website for the purpose of building publicly available searchable indices, but not to cache or archive it. We may revoke either permission at any time.


8. Purchases, In-App Items and In-Game Currency

This section describes exactly what we sell. It is short because we sell very little, and that is deliberate.

8.1 What we sell: one non-consumable per app

Each App offers a single one-time, non-consumable in-app purchase that unlocks features permanently for the Apple ID that bought it:

AppPurchaseWhat it does
Parcel RushRemove adsPermanently removes interstitial advertising
Pack PerfectPack Perfect CompletePermanently unlocks the full game
Before I UnpackFull unlockPermanently unlocks the full record and export
MilestoneCelebration packPermanently unlocks the full plan

All prices are set and displayed by the App Store in your local currency at the moment of purchase. We never display a price that did not come from the store.

8.2 What we do not sell — and will tell you before we ever do

If we ever introduce any of the above, it will be described in updated Terms before it ships, and this section will stop saying otherwise.

8.3 In-game currency and virtual items

Coins, crates, trucks, stars, album pieces and similar items in our games are a limited, personal, non-transferable, revocable license to use a feature of the game software. They are not your property, have no monetary value, cannot be redeemed for money or anything of value, and cannot be sold, traded, gifted or transferred to anyone else. You have no ownership or other property interest in them, and any balance is extinguished when you delete the App or its data, or when we discontinue the App. Because coins cannot be purchased, you never spend money to obtain them and we owe no refund of any balance.

8.4 Payment, refunds and taxes

8.5 Advertising in the games

Parcel Rush and Pack Perfect show advertising supplied by third-party networks through an advertising mediation service. Rewarded video ads only ever play because you chose to watch one. Parcel Rush additionally shows interstitial advertising, which is capped in frequency and which the "Remove ads" purchase removes permanently. Neither game shows banner, MREC or app-open advertising. Before I Unpack and Milestone contain no advertising and no advertising software of any kind.

We do not control and are not responsible for the content of third-party advertising or for what an advertiser does after you tap an ad. See Section 12.


9. Intellectual Property Rights

All names, logos, text, designs, graphics, characters, interfaces, code, software, images, sounds, video and other content in the Services (the "Content") are protected by copyright, trademark and other intellectual property laws, and are owned by or licensed to Intentionally Creative. Except as these Terms expressly permit, you may not reproduce, republish, perform, display, download, post, transmit, distribute, rent, lease, sell, or create derivative works from any part of an App or the Content.


10. Your Content

10.1 Almost none of our Apps take content from you

Parcel Rush and Pack Perfect have no field in which you can submit anything to us, no message board, no chat, no user profile and no forum. We host no user-generated content and provide no interactive public space.

10.2 Before I Unpack and Milestone: your content stays yours

Before I Unpack holds photographs, voice notes, notes, readings, an address and a landlord's email. Milestone holds names, a guest list and court, a budget, notes and photographs. This is Your Content, and it remains yours.

Your Content is written to the App's own storage on your device, and some of it is also copied to our own server so that the App can give it back to your phone — in Before I Unpack only if you switch Backup on, which is off until you do. Section 2.4 of the Privacy Policy says exactly what is copied in each App and what never is.

The only licence you give us is the narrow one that storing it requires, and we want it written down rather than assumed. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit and return Your Content solely in order to provide the storage, backup and restore features of the App you put it in, and to make the backups described in Section 8 of the Privacy Policy. That licence covers nothing else. We do not use Your Content to advertise, to build or improve products, to train any model, or for any purpose of our own, and we do not sell it or give it to anyone. It ends when you delete the content, and deleting it is a button in the App.

We do not moderate Your Content and we do not read it. It is not end-to-end encrypted, and the Privacy Policy says so plainly: we hold the keys, so we could in principle be compelled to produce what is stored. If that is not acceptable to you, Before I Unpack works completely with Backup left off.

You are responsible for Your Content, including for having the right to photograph what you photograph and to hold the details of the people you record. When an App helps you send something — a PDF to a landlord, an invitation card to a family member — you are the sender. What happens to it after it leaves your device is between you and the recipient.

10.3 Feedback

If you send us a suggestion, bug report, idea or other feedback ("Feedback"), you grant us a royalty-free, worldwide, perpetual, irrevocable, sublicensable license to use it for any purpose without obligation or compensation to you, and you agree Feedback is not confidential. Please do not send us anything you want kept private or expect to be paid for.


11. Third-Party App Stores, and Apple's Required Terms

You obtain our Apps from a third-party app store, currently the Apple App Store (a "Third-Party App Store"). These Terms are between you and Intentionally Creative, not with the Third-Party App Store, which has its own terms that also apply to you. If you downloaded an App from the Apple App Store, Apple's Licensed Application End User License Agreement also applies (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/), and to the extent it conflicts with these Terms in a way Apple requires, Apple's terms prevail.

The following are included because Apple requires them:

  1. These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the Apps and their content.
  2. Apple has no obligation to furnish any maintenance or support for the Apps.
  3. If an App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Apps.
  4. We, not Apple, are responsible for addressing any claim by you or a third party relating to an App or your use of it, including product liability claims, any claim that an App fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
  5. We, not Apple, are responsible for investigating, defending, settling and discharging any third-party claim that an App or your use of it infringes that third party's intellectual property rights.
  6. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties.
  7. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

12. Third-Party Sites and Advertising

The Services may link to, or display advertising that links to, websites, apps or services operated by third parties ("Third-Party Sites"). We do not own or operate them, have not reviewed their content, and do not endorse them by linking or by showing an ad. Visiting a Third-Party Site is at your own risk and subject to that site's own terms and privacy policy.

YOUR USE OF THIRD-PARTY SITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING ANY CONTENT, GOODS OR ADVERTISING AVAILABLE THROUGH THEM, IS AT YOUR OWN RISK.


13. No Professional Advice

Our Apps are tools for organizing, recording and playing. They are not professional advice and are not a substitute for it.

We are not responsible for the results of your use of the Apps, including decisions you make or do not make on the basis of what an App shows you.


14. Other Policies

These Terms apply to your access to and use of the Services and do not alter any other agreement you may have with us. Our use of personal information is governed by the Privacy Policy. If we employ you, these Terms are not part of an employment contract or an offer of employment.


⚠️ PLACEHOLDER — COUNSEL REQUIRED. Everything in this section that names a forum, an arbitration provider, a set of rules or a seat is written as [PLACEHOLDER] because the answer depends on our legal entity and its jurisdiction, which are unresolved. Counsel must select the provider and seat and confirm that the whole section is enforceable in the markets where we publish — the United States, the United Kingdom, the European Union, Mexico, Brazil, the Philippines, Canada, Japan and Australia. Publish Sections 15.2 through 15.7 only after that review. Section 15.1 is safe to publish as written and, on its own, resolves the overwhelming majority of consumer issues.

PLEASE READ THIS SECTION CAREFULLY. Except where it does not apply, it requires disputes to be arbitrated individually and limits how you may seek relief. Absent this provision, you would have the right to sue in court and to a jury trial; rights to discovery and appeal are more limited in arbitration.

If you are located in the European Union or the United Kingdom, nothing in this section affects your right to bring proceedings in the courts of your own country of residence, or your right to use an alternative or online dispute resolution body available to you.

15.1 Talk to us first (this part applies to everyone)

Most problems are solved in one email. Before starting any formal proceeding, send a Notice of Dispute to support@get-creative.co with the subject "Notice of Dispute," including your name, your email address, the App concerned, what happened, and what you would like us to do. We will do the same to you if we have a dispute with you. Both of us agree to attempt in good faith to resolve it informally for 60 days before either starts arbitration or a lawsuit, and any limitation period is paused while we do.

15.2 Agreement to arbitrate

If we have not resolved the dispute within 60 days of a valid Notice of Dispute, either of us may begin binding individual arbitration of any dispute arising out of or relating to these Terms or the Services, including the scope and applicability of this agreement to arbitrate. Arbitration will be administered by [ARBITRATION PROVIDER — PLACEHOLDER] under [RULES — PLACEHOLDER], before one arbitrator, seated in [SEAT / VENUE — PLACEHOLDER]. Either of us may instead bring an individual claim in small claims court where the claim qualifies. Judgment on the award may be entered in any court with jurisdiction.

If the seat is unreasonably burdensome for you, the arbitrator may select another location, or the arbitration may be conducted by telephone, video or on documents only.

15.3 No class actions

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. If this specific provision is found unenforceable, then the entirety of Section 15.2 is null and void and the dispute proceeds in court.

15.4 Fees and hearings

[PLACEHOLDER — COUNSEL: filing-fee reimbursement, hearing election threshold, and any minimum-award provision, all of which depend on the provider's rules.]

15.5 Injunctive relief

Either of us may bring an action in court to enjoin infringement or other misuse of intellectual property rights, or where injunctive relief is otherwise appropriate.

15.6 Mass arbitration

[PLACEHOLDER — COUNSEL: whether we need a mass-arbitration protocol, and if so which provider and batching rules. Do not copy another company's clause; the enforceability of these provisions is actively litigated.]

15.7 Your right to opt out of arbitration

You may opt out of Sections 15.2 and 15.3 by emailing support@get-creative.co with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms, telling us your name, your email address and the App concerned. Opting out affects nothing else in these Terms, and we will not treat you any differently for doing it.

15.8 Canadian users

L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec customers: where required, we will send written notice at least 30 days before an amendment takes effect, setting out the new or amended clause and the clause as it read before, the date it takes effect, and your right to refuse the amendment and cancel the contract without cost, penalty or cancellation indemnity by notifying us within 30 days after it takes effect, where the amendment increases your obligations or reduces ours.

Dispute resolution: the arbitration requirements of these Terms do not apply to you if they are unenforceable under the law of your Canadian province of residence. Residents of certain provinces have cancellation rights under local law, and we will honor them.


16. Warranty Disclaimer; Limitation on Liability

16.1 Disclaimer of warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, AND WE PROMISE NO SPECIFIC RESULT FROM USING THEM. NO ADVICE OR INFORMATION YOU OBTAIN FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

WE ASSUME NO LIABILITY FOR (A) ERRORS OR INACCURACIES IN CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO SYSTEMS OR INFORMATION; (D) ANY INTERRUPTION OF THE SERVICES; (E) BUGS, VIRUSES OR SIMILAR TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE ARISING FROM CONTENT MADE AVAILABLE THROUGH THE SERVICES.

IN PARTICULAR, AND BECAUSE OUR APPS STORE YOUR CONTENT ONLY ON YOUR DEVICE, WE DO NOT WARRANT AGAINST AND ARE NOT LIABLE FOR LOSS OF THAT CONTENT. WE HOLD NO COPY AND CANNOT RECOVER IT. USE THE APP'S EXPORT AND YOUR DEVICE'S OWN BACKUP IF IT MATTERS TO YOU.

16.2 Limitation of liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR LOST-PROFIT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID US FOR THE APP CONCERNED IN THE 12 MONTHS BEFORE THE CLAIM AROSE, AND (B) US$50 — OR THE LOWEST LIMITATION PERMITTED BY APPLICABLE LAW WHERE THAT IS HIGHER.

SOME JURISDICTIONS DO NOT ALLOW SOME OF THESE EXCLUSIONS OR LIMITATIONS, SO PART OR ALL OF THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANYTHING ELSE THAT MAY NOT LAWFULLY BE EXCLUDED OR LIMITED — INCLUDING YOUR MANDATORY RIGHTS AS A CONSUMER.


17. Indemnity

You agree to indemnify, defend and hold harmless Intentionally Creative and its directors, officers, employees, agents, successors and assigns from any claims, damages, losses, liabilities and reasonable costs (including reasonable attorneys' fees) arising out of (i) your breach of these Terms; (ii) your use of the Services in violation of these Terms or applicable law; or (iii) Your Content, including any claim that it infringes a third party's rights or that you lacked the right to record or share it. We may assume exclusive defense and control of any such matter at your expense, and you agree to cooperate. We will use reasonable efforts to notify you of a claim when we become aware of it.

This indemnity does not apply to the extent a claim arises from our own breach, negligence or willful misconduct, and it does not apply to consumers to the extent applicable consumer law prohibits it.


18. Termination

These Terms remain in effect until terminated by you or by us.

You may terminate at any time by deleting the Apps from your devices. No notice to us is required. Deleting an App does not by itself delete what its anonymous account holds on our server — "Delete everything" in the App's settings does, and it is a better last step than uninstalling. See https://apps.get-creative.co/legal/deletion.html.

We may terminate these Terms, or deny access to the Services, for any reason including your breach of these Terms or of applicable law, by posting notice on the Website or in an App. Because the Apps run on your device and the account is anonymous, in practice this means we may stop distributing or supporting an App, may withdraw the server-side storage described in Section 4, and may pursue remedies for a breach. If we ever withdraw the storage, we will give notice in the App first, so that anything held only on our side can be brought back to your phone or exported.

Sections concerning intellectual property, Your Content, purchases already made, disclaimers, limitation of liability, indemnity and dispute resolution survive termination, along with anything else that by its nature should. On termination you must stop using the Services and delete the Apps.


19. Notice to New Jersey Users

If any provision of these Terms is held unenforceable, void or inapplicable under New Jersey law, that provision does not apply to you, and the remainder of these Terms remains binding. For New Jersey residents, the limitation on liability does not apply where attorneys' fees, court costs or other damages are mandated by statute, and nothing in these Terms limits any right available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.


20. Notice to California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: if you have a question or complaint regarding the Services, email support@get-creative.co. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


21. General Terms

21.1 Copyright complaints. We follow the notice-and-takedown provisions of the Digital Millennium Copyright Act. Note that our Apps host no user content on any server of ours, so a takedown will normally concern our Website or an App's own materials. If you are a copyright owner or an authorized agent and believe material on the Services infringes your copyright, email support@get-creative.co with the subject "DMCA Notice" and include: the copyrighted work you claim is infringed; the material or link you claim is infringing; your full legal name, mailing address, telephone number and email address; and this statement followed by your physical or electronic signature: "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." We will respond as required, including by removing material or disabling links, and we will terminate the access of repeat infringers in appropriate circumstances.

21.2 Non-waiver. Our failure to exercise or enforce any right or provision is not a waiver of it.

21.3 Severability. If any provision is unlawful, void or unenforceable, it is severed and the remaining provisions stay in effect.

21.4 Assignment. You may not assign or transfer these Terms without our prior written consent; any attempt to do so is void. We may assign them freely, including in connection with a merger or sale of the business.

21.5 No modification by our people. No employee or contractor of ours has authority to modify these Terms. Do not rely on any statement purporting to do so.

21.6 Mobile services. Your carrier's normal data and messaging rates apply. Availability of an App may be restricted by your carrier, device or country.

21.7 Entire agreement. These Terms, together with the Privacy Policy and any other legal notice we publish in an App, are the entire agreement between you and us about the Services and supersede all prior terms and discussions about them.

21.8 Electronic communications. When you use the Services or write to us, you are communicating with us electronically, and you consent to receive communications from us electronically. Agreements, notices and disclosures provided electronically satisfy any legal requirement that they be in writing.

21.9 Governing law. [PLACEHOLDER — COUNSEL REQUIRED.] These Terms are governed by the laws of [GOVERNING LAW JURISDICTION — PLACEHOLDER], without regard to conflict-of-law rules. If you are a consumer resident in the EEA, the UK, Switzerland, Brazil or another jurisdiction with mandatory consumer protection law, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may bring proceedings in your local courts.

21.10 Language. These Terms are written in English. Any translation is provided for convenience, and the English version governs to the extent applicable law permits.


22. Contact Information

Questions about these Terms:


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