Terms of Service

Last Updated: August 13, 2026

These Terms of Service ("Terms") are a legally binding agreement between you (the "Customer," "you," or "your") and GiftSpatch, a product of Doron Ventures LLC ("GiftSpatch," "we," "us," or "our"). They govern your use of the GiftSpatch website and web application (together, the "Services").

By clicking to accept these Terms, creating an account, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the GiftSpatch Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you may not use the Services.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT LIMITATIONS ON YOUR LEGAL RIGHTS, INCLUDING DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A BINDING AGREEMENT TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION IN PENNSYLVANIA, INCLUDING WAIVERS OF CLASS ACTIONS AND JURY TRIALS. SECTION 21 EXPLAINS HOW TO OPT OUT OF ARBITRATION WITHIN 30 DAYS.

1. The Services

GiftSpatch is primarily a business-to-business gifting platform, and it may also be used to send gifts personally. Through the Services you can browse a curated catalog, apply a preset design or upload your own artwork to brand an item, save recipient and employee records, enter a recipient's details, and place a gift order that GiftSpatch produces and fulfills through its suppliers.

The Services also include, depending on your plan and the features enabled for your account: team accounts and role-based permissions; order tracking and history; saved audiences and bulk sending to many recipients at once; automated gift campaigns triggered by events in software you connect; recipient-choice store links that let a recipient select their own gift; and optional read-only integrations with accounting or CRM software such as QuickBooks Online.

We may add, change, or remove features. Features described on our website or in our documentation are not a commitment to deliver, maintain, or continue any particular functionality.

2. Eligibility and Authority

To use the Services you must:

• Be at least 18 years of age;
• Use the Services only for lawful purposes;
• Have the legal authority to enter into these Terms on your own behalf or, if you are accepting for a business, the authority to bind that business; and
• Comply with all laws applicable to you, to your recipients, and in each recipient's jurisdiction.

United States only. The Services are offered only in the United States. They are not offered, marketed, or directed to customers in the European Economic Area, the United Kingdom, or Switzerland, and we may refuse or close an account registered from those regions.

You represent and warrant that all registration information you provide is truthful, accurate, and current, and that you will keep it current.

3. Accounts, Teams, and Security

The person who creates a company account (the "Account Owner") controls that account and is responsible for all activity conducted through it, including activity by team members, administrators, and collaborators they invite. You are responsible for:

• Maintaining the security of your login credentials and any payment information;
• All activities that occur under your account, whether or not you authorized them;
• Managing the roles and permissions of the team members you invite, and removing access promptly when someone leaves your business; and
• Notifying us promptly at Email us of any unauthorized access, credential compromise, or security incident affecting your account.

Anyone you grant access to your account may place orders and incur charges on your behalf, up to the permissions you assign them. Charges incurred by a team member you invited are your responsibility.

4. Trials, Beta Features, and Free Access

Trials. We may offer a free trial of a paid plan. The length and contents of a trial are as stated at signup and may differ between accounts. A trial does not automatically become a paid subscription unless we tell you at signup that it will. We reserve the right to offer trials that convert to a paid subscription at the end of the trial period unless you cancel before it ends, and where a trial works that way we will say so before you start it. We may modify or end trial offers at any time, and we may limit an account to one trial.

Free plan. We may offer a plan with no subscription fee. A free plan carries whatever feature set, usage limits, and sending limits we set for it, and those may differ between accounts and change over time. A free plan does not mean free gifts — you still pay the price and tax of every gift you send, under Sections 5 through 7. We may change, limit, or stop offering a free plan at any time on reasonable notice, and we may require an account to move to a paid plan to keep using a feature. We may also suspend or close a free account that has been inactive for an extended period, or that is being used to avoid paid limits, after notice to the account email.

Beta and evaluation features. Some parts of the Services may be offered as beta, preview, pilot, or evaluation features, or made available at no charge. Those features are provided as is, with no warranty, no support commitment, and no service-level commitment, may change or be withdrawn at any time without notice, and may contain more defects than generally available features. You use them at your own risk, and our liability for them is limited to the maximum extent permitted by law.

Promotional credit. Any account balance, credit, or discount we grant without payment — including promotional matches, trial credit, and complimentary credit issued by our staff — is promotional only. It has no cash value, is not refundable or transferable, may not be redeemed for cash, may expire, and may be reduced or removed by us at any time.

5. Subscriptions and Gift Pricing

Subscriptions. GiftSpatch offers a free plan and paid plans. Paid plans are offered on a subscription basis (monthly or annual, as selected at signup), are billed in advance on a recurring basis through our payment processor, and renew automatically for successive periods of the same length until canceled. We will provide at least 30 days' notice before any change to your subscription price, and a price change takes effect at your next renewal.

Canceling. You may cancel a subscription at any time from your account settings. Cancellation takes effect at the end of the period you have already paid for; you keep access until then. Except where required by law, subscription fees already paid are not refundable and we do not provide partial-period refunds, including for periods in which you did not use the Services.

Gift pricing. In addition to your subscription, you pay the price of each gift you send. Gift prices are based on our current supplier and production costs and may change at any time without prior notice. The price shown at checkout for a specific order is the price that applies to that order; placing an order does not lock in pricing for future orders, and a price quoted in a saved campaign, draft, or audience preview is an estimate until the order is actually placed.

Currency and payment method. All prices are in U.S. dollars unless stated otherwise. You must keep a valid payment method on file for as long as you have an active subscription, an active automation, or an unpaid balance.

Failed payments. If a payment fails, we may retry it, suspend your subscription and any automated sending, and require payment before restoring access. You are responsible for any fees your bank or card issuer charges you, and for our reasonable costs of collection on amounts that remain unpaid.

Disputed charges and chargebacks. If you believe a charge is wrong, contact us first at Email us. Initiating a chargeback for a charge you actually authorized — including an order placed by a team member or by an automation you enabled — is a breach of these Terms, and we may suspend your account and recover the disputed amount, related fees, and reasonable costs.

6. Prepaid Balance and Payment Authorization

How the balance works. You may add funds to a prepaid balance held on your account. When you place an order, we draw the order total from that balance. A prepaid balance is a credit toward future orders on your account. It is not a deposit, is not held in trust or in a separate account, earns no interest, and is not a gift card or stored-value instrument issued to any consumer.

Expiry and refunds. Funds you actually paid for do not expire while your account is open. You may request a refund of your unused paid balance at any time by emailing Email us; we will return it to your original payment method, less the value of any orders already placed and any promotional credit included in the balance. Promotional credit is governed by Section 4 and is never refundable.

Automatic charges — please read. By adding a payment method, enabling automated gift campaigns, using bulk send, or issuing a recipient store link, you authorize GiftSpatch to charge your saved payment method, without further confirmation from you, for: (a) recurring subscription fees; (b) the price and tax of any order placed through your account, including orders placed automatically under rules you configured and orders resulting from a recipient claiming a store link you sent; and (c) any amount by which an order exceeds your available prepaid balance. These are card-on-file charges made on your instruction.

You are responsible for monitoring your balance, your automation rules, and any spending limits available to you. We are not liable for charges that result from rules, audiences, budgets, or limits you configured, or from access you granted to a team member.

7. Taxes

Prices are exclusive of taxes. We calculate and collect U.S. sales and use tax where we are registered and required to do so, based on the shipping address of the gift or your billing address, and we remit it to the relevant authority. Where we do not collect tax, you are responsible for determining and paying any tax due on your purchase.

You are responsible for all other taxes, duties, tariffs, and customs charges arising from your orders, other than taxes on our net income. If you are exempt from tax, you must provide a valid exemption certificate before the order is placed; we cannot refund tax already collected and remitted.

8. Orders and Fulfillment

Placing an order. When an order is placed through your account, you authorize GiftSpatch to produce and ship the selected item or items to the recipient address provided, and to charge for that order as described in Sections 5 and 6.

Accuracy is yours. You are responsible for the accuracy of recipient names, addresses, contact details, designs, and personalized messages, including any text produced by merge fields or templates you configure. An order shipped to an address entered incorrectly, or personalized with text you configured incorrectly, is not refundable.

Cancellation and changes. Because every item is made to order, an order may be canceled or changed only if work on it has not yet started. Work can begin immediately after an order is placed and includes preparing artwork and designs as well as production of the item itself. Once work has begun, we may at our discretion decline to cancel or change the order, or may cancel it subject to a charge for the work already completed. Completed orders are not refundable.

Substitution. Suppliers discontinue products, change materials, and run out of stock. We may substitute an item of equal or greater value and substantially similar type, quality, and appearance without notifying you in advance, and such a substitution is not a defect or a ground for a refund. If no acceptable substitute exists, we will cancel the order and return the amount charged for it to your balance.

Production and appearance. Printed colors, finishes, placement, and materials vary within normal production tolerances and will not exactly match an on-screen preview or a previous run. This is not a defect.

Defects. If an item arrives materially defective or materially different from what was ordered, tell us within 30 days of delivery with photographs. Our sole obligation, and your sole remedy, is that we will at our option reprint and reship the item or credit the amount charged for it to your balance.

Refusal. We may refuse, cancel, hold, or unwind any order, at any time and without liability beyond returning the amount charged for it, including where we believe it violates these Terms, infringes a third party's rights, appears fraudulent, is directed to a restricted destination or person, or cannot be fulfilled at the price shown because of an obvious pricing or catalog error.

9. Automated Orders

GiftSpatch can place orders on your behalf automatically, based on rules you configure. Examples include a gift triggered by an event in accounting or CRM software you connect (such as a completed job, a paid invoice, or a new customer), a bulk send to an audience you select, and a gift claimed by a recipient through a store link you sent.

By enabling any of those features, you authorize GiftSpatch to place orders and charge for them on your behalf, without further confirmation, until you disable the feature. Orders placed this way are your orders. They are subject to the same pricing, cancellation, and refund terms as any other order.

You are solely responsible for the rules, audiences, filters, budgets, approval settings, and limits you configure, and for reviewing them before and after you enable them. You are responsible for the consequences of a rule that matches more recipients than you intended, of data in a connected system that is inaccurate or out of date, and of gifts sent to people you did not intend to gift.

Guardrails. We may offer optional controls intended to help you manage automated sending, and the set of controls available may change at any time. Any such controls are conveniences provided on a best-efforts basis. They are not a guarantee, and we do not warrant that they will prevent every unintended, excessive, or duplicate send. You remain responsible for the campaigns you configure and the orders they generate.

10. Shipping, Delivery, and Returns

Estimates only. Any production or delivery date we provide is an estimate and is not guaranteed. We are not liable for delays caused by our suppliers, fulfillment providers, payment processors, shipping carriers, customs, weather, incorrect or incomplete recipient details, or any event beyond our reasonable control. Delays do not entitle you to a refund of amounts paid for items already produced or shipped, and do not excuse payment.

Title and risk. Title and risk of loss pass to you when the carrier takes possession of the item.

Undeliverable and refused packages. We do not track every shipment and may not know when an item cannot be delivered, is refused by the recipient, or is returned. It is your responsibility to monitor delivery and contact us if an item needs to be reshipped. Reshipping is at your cost. Returned items not claimed within 30 days may be disposed of or donated without further liability, and the original charge stands.

International shipments. Where we accept an order for delivery outside the United States, you are the exporter and the recipient is the importer of record unless we agree otherwise in writing. You are responsible for all duties, taxes, brokerage, and customs charges, and for ensuring the item may lawfully be imported into the destination country. Items may be delayed, opened, seized, or destroyed by customs authorities, and that is not a defect or a ground for refund.

Restricted destinations and persons. You may not use the Services to send anything to a country, region, entity, or person subject to U.S. economic sanctions or export controls, and you represent that neither you nor any recipient you submit is a person with whom U.S. persons are prohibited from dealing. We may screen, refuse, or cancel any order on this basis without liability.

11. Uploaded Content

When you upload a logo, artwork, image, photograph, font, or design ("Uploaded Content"), you represent and warrant that you own it or hold all rights, licenses, consents, and permissions necessary to use, reproduce, and print it — including all copyright, trademark, trade dress, right-of-publicity, and other intellectual-property rights — and that the Uploaded Content does not and will not infringe, misappropriate, or violate the rights of any third party. You alone are responsible for clearing any trademarks, brand names, logos, characters, likenesses, or copyrighted material contained in your Uploaded Content.

You grant GiftSpatch and our fulfillment providers a limited, worldwide, royalty-free license to store, reproduce, adapt for production, and print your Uploaded Content on the items you order, and to display it back to you within the Services. This license exists only to fulfill your orders and ends when you delete the content or your account, except for copies retained in production records or backups as described in our Privacy Policy.

We may, but are not obligated to, review, refuse, cancel, or remove any order or Uploaded Content that we believe infringes a third party's rights or violates these Terms, without liability to you. We do not review Uploaded Content for infringement, and our failure to object to any Uploaded Content is not approval of it.

12. Recipient, Employee, and Customer Data

You are the controller. When you enter, upload, import, or otherwise provide personal information about another person — a gift recipient, one of your own employees, or a customer record synced from software you connect — you decide to send the gift and choose the person. You act as the controller (and, under U.S. state privacy laws, the business) with respect to that information. GiftSpatch acts as your processor (and service provider), processing it only on your documented instructions to provide the Services.

You represent and warrant that:

• you collected the information on a valid lawful basis and have the right to provide it to GiftSpatch, our fulfillment providers, and shipping carriers for the purpose of producing and shipping gifts;
• you have given any notices and obtained any consents required by applicable privacy, data-protection, anti-spam, and telemarketing laws for that information to be shared with us and used as described in these Terms;
• where you instruct us to deliver a gift link, notification, or message by email or text message, you hold the consent required by applicable law — including the CAN-SPAM Act and the Telephone Consumer Protection Act — to contact that person at that address or number, and you will honor opt-out requests promptly;
• where you store records about your own employees, you have given those employees any notice they are entitled to and have a lawful basis for storing the categories of information you enter, including any dates of birth, home addresses, or free-text notes; and
• where you connect accounting or CRM software, you are authorized to grant us access to the data in that account and to have us derive and store the summaries described in our Privacy Policy.

Our commitments as processor. We will process the personal information you provide only to deliver the Services and as otherwise instructed by you; we will not sell it, share it for cross-context behavioral advertising, retain or use it outside the direct business relationship with you, or combine it with data from other customers; and we will impose materially equivalent obligations on the subprocessors we engage. Where the parties have signed a separate written data processing agreement, that agreement governs in the event of a conflict with this Section.

Requests from the people whose data you provide. You are responsible for responding to a recipient or employee who asks who sent a gift, objects to receiving one, or exercises a privacy right relating to information you provided. If such a person contacts us directly, you authorize us to identify you as the business responsible, to act on the request (including stopping further gifts and removing the person's information), and to pass the request to you; you agree to cooperate promptly.

13. Acceptable Use

You agree not to:

• Upload, print, or send content you do not have the legal right to use, or that infringes any third party's rights;
• Send gifts or messages that are unlawful, hateful, harassing, threatening, defamatory, obscene, deceptive, or that a reasonable recipient would find abusive;
• Use the Services to send unsolicited commercial messages, or to contact anyone who has asked not to be contacted;
• Use recipient, employee, or customer data for any purpose other than the gifts you are sending through the Services, or in violation of applicable privacy law;
• Send, or attempt to send, prohibited or regulated goods, including anything requiring an age check, license, or permit to ship;
• Attempt to circumvent rate limits, spending limits, authentication, permissions, or other security controls;
• Reverse engineer, decompile, scrape, or attempt to extract the source code, catalog data, or supplier information of the Services;
• Resell, sublicense, rent, lease, share, or transfer your account or access to the Services, or use the Services to operate a competing gifting service;
• Interfere with or disrupt the Services, introduce malicious code, or place unreasonable load on our infrastructure;
• Use automated systems or bots to extract data from the Services; or
• Use the Services for any unlawful purpose or in violation of any applicable export-control or sanctions law.

Violation may result in immediate suspension or termination of your account without refund, and we may report unlawful activity to the authorities.

14. Your Data and Our License

Your data is yours. You retain all rights to the data you import, generate, or store through GiftSpatch, including company data, designs, contacts, employee records, and order data.

You grant GiftSpatch a limited, non-exclusive, worldwide, royalty-free license to access, host, store, process, transmit, and display that data solely to provide, secure, and support the Services. This license terminates when you delete your account, except for data we are required or permitted to retain as described in our Privacy Policy.

Aggregated and anonymized data. We may create and use aggregated or de-identified data derived from use of the Services to operate, secure, analyze, and improve them and to produce statistics. Such data will not identify you, your customers, your employees, or any recipient, and we will not attempt to re-identify it.

Feedback. If you voluntarily submit suggestions, ideas, or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use it for any purpose without compensation or attribution.

15. Intellectual Property

GiftSpatch and all of its components, including software, design, user interface, trademarks, logos, catalog curation, and content, are owned by us or our licensors and protected by United States and international intellectual-property laws. These Terms grant you only a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription, for your internal business purposes. All rights not expressly granted are reserved. The logos and designs you upload remain yours.

16. Confidentiality

Each party may receive non-public information of the other. You agree to keep confidential, and to use only for the purpose of using the Services, any non-public information we make available to you, including our pricing, product cost information, unreleased features, and the identity, terms, and location of our suppliers and fulfillment providers. We agree to keep your non-public business information confidential on the same basis. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already rightfully known, or is independently developed, and do not prevent a disclosure required by law provided the other party is notified where legally permitted.

17. Third-Party Services

The Services rely on third-party platforms, including Google Firebase and Google Cloud for hosting and authentication, our fulfillment provider or providers, Stripe for payment processing, analytics providers, and any accounting or CRM service you choose to connect, such as QuickBooks Online. Current providers are listed in our Privacy Policy.

Your use of a service you connect is governed by that provider's own terms and privacy policy, and you are responsible for complying with them and for the access you grant. We are not responsible for the acts, omissions, availability, accuracy, pricing, or terms of any third-party service, including data a connected system reports to us incorrectly. If a third-party service changes, restricts, or discontinues its interface, we may modify or discontinue the related feature without liability.

18. Availability, Support, and Changes

We strive to keep the Services available and reliable but do not guarantee uninterrupted access and do not offer a service-level agreement or uptime commitment. The Services may be unavailable due to maintenance, upgrades, third-party outages, or events beyond our reasonable control.

Support is provided by email at Email us during normal U.S. business hours on a commercially reasonable-efforts basis. We may modify, add, or remove features at any time. For a change that materially reduces core functionality you are paying for, we will make reasonable efforts to give advance notice, and if the change materially harms you, your remedy is to cancel and receive a pro-rata refund of prepaid subscription fees for the unused remainder of your then-current term.

19. Suspension and Termination

By you. You may cancel your subscription at any time from your account settings. To close your account, email us at Email us from your account email; account closure is handled by support, not from within the Services. Cancellation takes effect as described in Section 5.

By us. We may suspend or terminate your account or any part of your access if you breach these Terms, your activity poses a security, legal, financial, or reputational risk, you fail to pay amounts due, a chargeback is filed against an authorized charge, we are required to by law, or we discontinue the Services generally. Where practical and lawful we will give notice and an opportunity to cure; where the risk is immediate we may act first. If we discontinue the Services generally, we will give at least 30 days' notice and refund prepaid subscription fees for the unused remainder of your term.

Effect of termination. Your access ends, in-flight orders already in production will be completed and charged, and automations stop. For 30 days after termination you may request an export of your data by emailing Email us; after that, your data is deleted in accordance with our Privacy Policy. Unused paid balance is refundable on request under Section 6 for 12 months after termination; promotional credit is forfeited. Sections 5 through 7 (as to amounts already owed), 11, 12, 14, 15, 16, and 20 through 22 survive termination.

20. Disclaimers, Liability, and Indemnification

THE SERVICES AND ALL ITEMS PRODUCED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT the Services will be uninterrupted, error-free, or secure; that defects will be corrected; that printed colors, materials, or finishes will exactly match an on-screen preview; that automation rules will match only the recipients you intended; that data from a connected third-party system will be accurate, complete, or timely; or that the Services will meet your specific business requirements.

You are responsible for reviewing your designs, recipient details, automation rules, audiences, and order summary before an order is placed. GiftSpatch assists your workflow; it does not replace your own review.

Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTSPATCH AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION, OR BUSINESS OPPORTUNITY; OR FOR DAMAGES ARISING FROM THIRD-PARTY SERVICES, FROM DATA REPORTED BY A SYSTEM YOU CONNECTED, OR FROM UNAUTHORIZED ACCOUNT ACCESS CAUSED BY YOUR FAILURE TO SAFEGUARD CREDENTIALS OR BY ACCESS YOU GRANTED — EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you. These limitations apply even if a limited remedy fails of its essential purpose, and reflect an agreed allocation of risk that is part of the basis of the bargain.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER IT AROSE; OTHERWISE IT IS PERMANENTLY BARRED, TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification. You agree to indemnify, defend, and hold harmless GiftSpatch and its owners, employees, contractors, affiliates, and suppliers from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Services; your Uploaded Content; recipient, employee, or customer data you provide or instruct us to process; messages sent at your instruction; orders placed through your account, including automated orders; your violation of these Terms; or your violation of any law or third-party right. We will notify you of the claim, allow you to control the defense with counsel reasonably acceptable to us, and cooperate at your expense; you may not settle a claim in a way that imposes any obligation or admission on us without our written consent.

21. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict-of-laws principles, and by applicable U.S. federal law, including the Federal Arbitration Act. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before initiating any claim, you agree to contact us at Email us with a written description of the dispute and to make a good-faith effort to resolve it informally for at least thirty (30) days.

Binding arbitration. Except for the exceptions below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis, administered by a recognized arbitration provider under its commercial rules, seated in Lancaster County, Pennsylvania, and conducted in English before a single arbitrator. The arbitrator decides all issues except that a court decides the enforceability of the class-action waiver. Judgment on the award may be entered in any court of competent jurisdiction.

Class action and jury waiver. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND GIFTSPATCH EACH WAIVE ANY RIGHT TO TRIAL BY JURY. The arbitrator may not consolidate more than one party's claims or preside over any representative or class proceeding.

Your right to opt out of arbitration. You may reject this arbitration agreement by emailing Email us with your account name and a clear statement that you opt out of arbitration, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms, and we will not retaliate for it. If you opt out, disputes are resolved exclusively in the state or federal courts located in Lancaster County, Pennsylvania.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in the state or federal courts located in Lancaster County, Pennsylvania to protect intellectual property or confidential information or to address unauthorized use of the Services. You consent to the exclusive personal jurisdiction and venue of those courts for such matters.

Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought exclusively in the courts named above; the remainder of this Section and these Terms remain in full force.

22. General Provisions

Entire agreement. These Terms, the Privacy Policy, any Data Processing Addendum, and any order or plan details presented at purchase are the entire agreement between you and GiftSpatch regarding the Services, and supersede prior discussions. Any purchase order or vendor terms you issue are rejected and have no effect.

Changes to these Terms. We may update these Terms. Material changes will be notified by email to your account address and/or by a notice within the Services at least 30 days before they take effect, and the Last Updated date above will change. Your continued use after the effective date constitutes acceptance; if you do not agree, your remedy is to stop using the Services and cancel, and we will refund prepaid subscription fees for the unused remainder of your then-current term. We may make non-material changes, and changes required by law, effective immediately.

Notices. We may give notice by email to the address on your account or by posting within the Services; notice is effective when sent or posted. You must keep your account email current. Notices to us go to Email us.

Electronic communications and signatures. By using the Services you consent to transact electronically. Clicking to accept, or continuing to use the Services, has the same effect as a handwritten signature, and electronic records satisfy any requirement that an agreement be in writing.

No waiver. Our failure to enforce any right or provision is not a waiver of it.

Severability. If any provision is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions remain in full force.

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

Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, including supplier failure, carrier disruption, labor action, utility or network failure, natural disaster, epidemic, war, or government action. Payment obligations are not excused.

Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.

No third-party beneficiaries. Except for the indemnified parties named in Section 20, these Terms create no rights in any third party, including any gift recipient.

Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter.

Publicity. We will not use your name or logo as a customer reference without your prior written consent.

23. Contact Us

GiftSpatch, a product of Doron Ventures LLC
Support & legal inquiries: Email us