Special Occasion: Terms of Service

Effective date: November 1, 2026 · Last updated: November 5, 2026

Important: Section 22 requires most disputes to be resolved by individual arbitration rather than in court or in a class action. You can opt out within 30 days; section 22 explains how.

These Terms of Service ("Terms") are an agreement between you and Special Occasion, Inc. ("Special Occasion," "we," "us"). They cover your use of specialoccasion.ai, our text-message gifting agent, and everything we do for you through it (together, the "Service"). By signing up, texting us, or approving a purchase, you agree to these Terms, our Privacy Policy, and our Approval, Cancellation & Refund Policy, which is part of these Terms.

1. What the Service is

Special Occasion gives you a personal gifting agent that you talk to by text message. You sign up on specialoccasion.ai by entering your name and mobile number, naming your agent, and building their face (an avatar). Your account is then created, and we prompt you to text your agent to get started, so you always send the first text. You tell your agent about the people in your life and the dates that matter (birthdays, anniversaries, a new job, and so on). As a date gets close, your agent picks a gift from catalogs we shop, suggests any add-ons, writes the card's note, and texts you a proposal that names the recipient, the total price, and the expected arrival day.

Add-ons: handwritten cards, gift cards, extra gifts, flowers, and gift sets. Each add-on and its price appear in the proposal before you approve.

Nothing is bought, charged, or shipped until you approve that specific proposal. You can ask for changes, swap the gift, edit the card, or decline, all by text.

Your agent is an AI, not a human. It's an automated assistant, even though it has the name and face you gave it, and it will say so if you ask. It can misunderstand you or make mistakes, so read each proposal before you approve it. See section 9.

2. Eligibility and your account

3. Text messaging

We send and receive messages from our dedicated number, +1 (936) 203-1770, through our messaging provider, Sendblue (Round One, Inc.), which delivers them as iMessage where available and otherwise as RCS or SMS, depending on your device and carrier.

By submitting the signup form, which shows our text-message consent wording, and then texting us, you agree to receive recurring automated text messages from your agent, sent from +1 (936) 203-1770, at your number about your account, the people and dates you've shared (including reminder texts about upcoming dates you've saved), gift proposals, approvals, order and delivery updates, and support. Message frequency varies with how many people and dates you add. Message and data rates may apply. Consent to receive texts is not a condition of buying any goods; it is, however, how the Service works, so you cannot use it without texting.

4. Proposals and approval

5. Prices, fees, and payment

6. Gifts, add-ons, and fulfillment

6A. Gift sets (add-on)

With the gift set add-on, items for one recipient are shipped to our packing location (a location we designate), and we wrap everything and send it as one gift set.

7. Recipients and their information

When you share someone's name, address, phone number, dates, or preferences, you confirm that you have a legitimate reason to share them so we can send that person a gift, and that you won't use the Service to send anything unwanted, harassing, or unlawful. Don't add someone who has asked you not to contact them. We use recipient information only as described in our Privacy Policy. We never market to recipients. A recipient can ask us to delete their information at any time by emailing support@specialoccasion.ai; if a gift has already been ordered for them, we keep the records of that order as our Privacy Policy (§4 and §7) explains.

7A. Contacts you upload

8. Acceptable use

You agree not to:

We may refuse, pause, or cancel any order, or suspend an account, that we reasonably believe breaks these rules. If we cancel an order you already paid for, we refund it in full.

9. AI agent, automated content, and third-party products

10. Your content, the avatar, and our content

11. Electronic communications and records

By signing up, you agree that we can provide agreements, notices, disclosures, receipts, and other communications to you electronically: by text message to your number, by email if you've given us one, or by posting them on our website. Electronic communications satisfy any requirement that they be in writing. Your approval of a proposal by text is your electronic signature for that order. You can ask for a copy of these Terms, or of any receipt, by emailing support@specialoccasion.ai. To stop electronic communications, close your account. Because the Service runs by text, you can't keep an account without them. You need a mobile phone that can receive texts, and you're responsible for keeping your number current.

12. Changes to the Service and these Terms

We may change, add, or discontinue features. We may update these Terms. If a change is material and adverse to you, we'll tell you by text or email at least 30 days before it takes effect, unless the law requires a change sooner. Other changes take effect when posted, and the "last updated" date at the top will change. Approved orders are always governed by the Terms in effect when you approved them. If you don't agree to an update, stop using the Service and close your account. Changes to section 22 (arbitration) follow the opt-out rule in that section.

13. Suspension and termination

You can stop at any time by texting STOP, or by closing your account in Settings on our website or in our app. Closing your account is covered in our Privacy Policy (§6). We may suspend or close your account if you break these Terms, if we suspect fraud or abuse, if the law requires it, or if we stop offering the Service. Where it's reasonable and lawful, we'll tell you why and you can appeal by emailing support@specialoccasion.ai. Orders you approved before your account was closed will be fulfilled or refunded in full. Sections that by their nature should survive termination (including payment obligations for approved orders, refunds owed to you, ownership, disclaimers, limitation of liability, indemnity, and disputes) will survive.

14. Disclaimers

Apart from the promises we make in these Terms and our Approval, Cancellation & Refund Policy (including that nothing is bought without your approval, that you see the full total first, and that unapproved charges are refunded in full), the Service is provided "as is" and "as available." To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and we don't promise that the Service will be uninterrupted or error-free. Some states don't allow these disclaimers, so they may not apply to you.

15. Limitation of liability

To the extent the law allows:

These limits don't reduce your right to a refund for an unapproved charge, our responsibility for items we damage or lose in our custody (section 6A), or any liability the law doesn't allow us to limit, such as liability for gross negligence, willful misconduct, or personal injury caused by our negligence. Some states don't allow these limits, so they may not apply to you.

16. Indemnity

To the extent the law allows, you agree to cover our reasonable losses, including reasonable attorneys' fees, from third-party claims that arise from your breach of these Terms, your misuse of the Service (for example, sending harassing gifts or using a payment method you aren't authorized to use), or content you provide, such as a card note. This doesn't apply to claims caused by our own breach or negligence.

17. Force majeure

We aren't responsible for delays or failures caused by events beyond our reasonable control, such as severe weather, natural disasters, carrier or retailer outages, labor disputes, pandemics, government action, utility or internet failures, or outages at our messaging, payment, or fulfillment providers. If such an event affects an order you approved, we'll tell you and give you the choice to wait or cancel for a full refund of anything not yet delivered.

18. Sanctions and US-only use

The Service is offered only to people in the United States, for delivery to US addresses. You confirm that you aren't on any US government list of prohibited or restricted parties and won't use the Service in violation of US sanctions or export laws.

19. Accessibility

We want everyone to be able to use Special Occasion. If something on our website or in our texts is hard to use with assistive technology, or you need a policy in another format, email support@specialoccasion.ai and we'll help.

20. Business use

These Terms are written for personal use. If you use the Service on behalf of a company or other organization, you confirm that you're authorized to accept these Terms for it, and both you and the organization are bound by them. If we sign a separate written agreement with an organization, that agreement controls where it conflicts with these Terms.

21. Governing law and venue

These Terms are governed by the laws of the State of New York and applicable US federal law (including the Federal Arbitration Act), without regard to conflict-of-laws rules. For any dispute not subject to arbitration under section 22, you and we agree to the exclusive jurisdiction of the state and federal courts located in New York County, New York, except that either of us may bring an individual claim in small claims court where you live.

22. Dispute resolution: arbitration and class-action waiver

Please read this section carefully. It affects your rights. You can opt out within 30 days (see "Opting out" below).

23. General

24. Contact and notices

Special Occasion, Inc. 169 Madison Ave STE 69154, New York, NY 10016 support@specialoccasion.ai (support, legal notices, copyright notices, and arbitration opt-outs) billing@specialoccasion.ai (billing and payments only) Your agent's number (proposals and approvals; reply STOP to stop texts): +1 (936) 203-1770