Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and related services (collectively, the “Service”) offered by Thawtfull Inc. (“Thawtfull,” “we,” “us,” or “our”). By creating an account, accessing the Service, or clicking to accept these Terms where presented, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes both you and the organization.

If you do not agree, do not use the Service. We may update these Terms from time to time; the “Effective” date at the top reflects the latest version. Continued use after changes constitutes acceptance of the updated Terms, except where applicable law requires your explicit consent.

Thawtfull helps individuals and organizations capture gifting preferences, coordinate thoughtful gifting, and run gifting-related workflows (for example, profiles, team and group features, events, and vendor-facing summaries where available). Features may change, be added, or discontinued. We do not guarantee uninterrupted or error-free operation.

The Service is not a marketplace, payment processor, or legal advisor. Any purchases, deliveries, or third-party relationships are solely between you and those third parties.

You must be at least the age of digital consent in your jurisdiction (and in any case at least 13 years old) to use the Service. If you are under 18, you may only use the Service with involvement of a parent or guardian as required by law.

You are responsible for safeguarding your credentials and for activity under your account. Notify us promptly at support@thawtfull.com if you suspect unauthorized access.

You agree not to:

• Violate applicable laws or infringe others’ intellectual property, privacy, or publicity rights.
• Upload malware, probe or stress systems without authorization, or attempt to gain unauthorized access to the Service or related systems.
• Scrape, data-mine, or use automated means to collect data from the Service in violation of these Terms or technical measures we employ.
• Harass, abuse, or harm other users, or use the Service to send unsolicited or deceptive communications.
• Misrepresent your identity, affiliation, or the origin of content you submit.

We may investigate and suspend or terminate accounts that violate these rules or threaten the security or integrity of the Service.

You retain ownership of content you submit (“User Content”). You grant Thawtfull a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute User Content as needed to operate, improve, and promote the Service—including, where applicable, showing profile fields to colleagues or event organizers you authorize.

You represent that you have all rights necessary to grant this license and that your User Content does not violate law or third-party rights. Profile and gifting information may be sensitive; you control visibility settings where the Service provides them, subject to organizational policies for company accounts.

If your account is part of a company or team (“Organization”), your Organization’s administrators may access certain information, invite or remove members, and configure features. Their use of your information is subject to these Terms, our Privacy Policy, and any agreement between you and your Organization.

The Service may link to or integrate with third-party services (e.g., email delivery, analytics). Those services are governed by their own terms and privacy policies. We are not responsible for third-party services we do not control.

The Service, including software, branding, logos, and documentation, is owned by Thawtfull or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you. Do not use our name or marks without prior written permission.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We do not warrant that gifting recommendations, summaries, or automated outputs will be accurate, complete, or suitable for any purpose. You are responsible for decisions made using the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAWTFULL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), EXCEPT WHERE PROHIBITED BY LAW.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted.

You will defend, indemnify, and hold harmless Thawtfull and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your User Content, your use of the Service in violation of these Terms, or your violation of law or third-party rights.

You may stop using the Service at any time. We may suspend or terminate your access if you materially breach these Terms, if we are required to do so by law, or if we discontinue the Service (where we will provide reasonable notice when practicable).

Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnity) will survive.

These Terms are governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules. Subject to applicable law, exclusive jurisdiction and venue for disputes will be in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

If you are a consumer in a jurisdiction that gives you mandatory rights, nothing in this section limits those rights.

These Terms constitute the entire agreement between you and Thawtfull regarding the Service and supersede prior agreements on this subject. If any provision is held invalid, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of assets.

Questions about these Terms: legal@thawtfull.com