Terms of Service
Last Updated: June 17, 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 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. 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.
1. The Services
GiftSpatch is a business-to-business gifting platform. Through the Services, businesses can browse a curated catalog, apply a preset design or upload a logo to brand an item, enter a recipient's details, and place a gift order that GiftSpatch produces and fulfills. The Services also include team accounts, saved recipients, and order tracking.
2. Eligibility
To use the Services, you must:
- Be at least 18 years of age
- Use the Services for legitimate business purposes
- Have the legal authority to enter into these Terms on behalf of yourself or the business you represent
- Comply with all applicable laws in your jurisdiction and the recipient's jurisdiction
You represent and warrant that all registration information you provide is truthful, accurate, and 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 and collaborators they invite. You are responsible for:
- Maintaining the security of your Google sign-in and any payment information
- All activities that occur under your account
- Managing the roles and permissions of team members you invite
- Notifying us promptly of any unauthorized access or security breach
We may suspend or terminate accounts used in violation of these Terms.
4. Uploaded Designs and Recipient Data
When you upload a logo, artwork, image, 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, or copyrighted material contained in your Uploaded Content.
Recipient data — your responsibility as controller. When you enter, upload, or otherwise provide a recipient's personal information (such as name, postal address, email, or a personal message), you are the party that decides to send the gift and chooses the recipient. You act as the controller of that recipient information, and GiftSpatch acts as your service provider, processing it only on your instructions to produce and ship the gifts you send. You represent and warrant that:
- you collected the recipient's information on a valid lawful basis, and you have the right to provide it to GiftSpatch and our fulfillment providers for the purpose of producing and shipping the gift;
- you have obtained any consents and provided any notices required by applicable privacy, data-protection, and anti-spam laws for that information to be shared with us and used to send the gift; and
- your collection, use, and sharing of the recipient's information complies with all laws applicable to you and in the recipient's jurisdiction.
You are responsible for responding to a recipient who asks who sent a gift, who objects to receiving one, or who exercises a privacy right relating to the information you provided. If a recipient contacts us directly, you authorize us to identify you as the sending business and to act on the recipient's request (including stopping further gifts and removing their information), and you agree to cooperate with us in doing so.
You grant GiftSpatch and our fulfillment providers a limited license to reproduce your Uploaded Content on the items you order and to use recipient details to produce and ship those orders. We may (but are not obligated to) 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. You agree to indemnify us for any claim arising from your Uploaded Content, from recipient information you provide, or from your breach of the warranties in this Section, as described in Section 14.
5. 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 that are unlawful, hateful, harassing, defamatory, obscene, or otherwise objectionable
- Use recipient data for any purpose other than the gift you are sending, or in violation of applicable privacy laws
- Attempt to circumvent rate limits, authentication, or security controls
- Reverse engineer, decompile, or attempt to extract the source code of the Services
- Resell, sublicense, rent, lease, or transfer your account or access to the Services
- Interfere with or disrupt the Services or introduce malicious code
- Use automated systems or bots to extract data from the Services
- Use the Services for any unlawful purpose
Violation may result in immediate suspension or termination of your account without refund.
6. Orders, Fees, and Billing
Orders. When you place a gift order, you authorize GiftSpatch to produce and ship the selected item(s) to the recipient address you provide. You are responsible for the accuracy of recipient details; orders shipped to an address you entered incorrectly may not be refundable.
Production & shipping times. Any production or delivery dates we provide are estimates only and are not guaranteed. We are not liable for delays in production, fulfillment, or delivery caused by our suppliers, fulfillment providers, payment processors, shipping carriers, customs, 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.
Subscriptions. GiftSpatch is offered on a subscription basis. Current plans and pricing appear on the Website. Subscriptions are billed in advance on a recurring basis through our payment processor, and we will provide at least 30 days' notice before any price change. In addition to your subscription, you pay the cost of the gifts you choose to send, where applicable.
Refunds. Except as required by law, fees for gifts already produced or shipped are non-refundable.
7. Data Ownership and License
Your data is yours. You retain all rights to the data you import, generate, or store through GiftSpatch, including company data, designs, contacts, and order data.
You grant GiftSpatch a limited, non-exclusive, worldwide, royalty-free license to access, store, process, and display your data solely to provide the Services. This license terminates when you delete your account, except for data we are required to retain for legal or regulatory reasons as described in our Privacy Policy.
Feedback. If you voluntarily submit suggestions or feedback, you grant us an unrestricted, royalty-free license to use it without compensation or attribution.
8. Intellectual Property
GiftSpatch and all of its components, including software, design, user interface, trademarks, logos, and content, are owned by GiftSpatch and protected by United States and international intellectual property laws. These Terms do not grant you any rights in our intellectual property except the limited license to use the Services described herein. The logos and designs you upload remain yours.
9. Third-Party Services
The Services rely on third-party platforms including Google Firebase and Google Cloud, our fulfillment provider(s), and a payment processor. Your use of these integrations is subject to those providers' terms and privacy policies. We are not responsible for the acts, omissions, availability, or terms of third-party services. If a third-party service becomes unavailable or changes, we may modify or discontinue related features without liability.
10. Service Availability and Changes
We strive to keep the Services available and reliable but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to maintenance, upgrades, third-party outages, or events beyond our reasonable control. We may modify, add, or remove features at any time, and will make reasonable efforts to notify you of material changes in advance.
11. Termination
By you. You may terminate your account at any time through your account settings or by contacting support.
By us. We may suspend or terminate your account if you violate these Terms, your activity poses a security, legal, or reputational risk, you fail to pay applicable fees, we are required to by law, or we discontinue the Services generally. We may also suspend or terminate your account or access, in whole or in part, at any time, with or without cause and with or without notice, and without liability to you.
Upon termination, your access ends and your data is deleted in accordance with our Privacy Policy. Provisions that by their nature should survive termination (including Sections 7, 8, 12, 13, 14, 15, and 16) will survive.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 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 or finishes will exactly match your on-screen preview; or that the Services will meet your specific business requirements.
You are responsible for reviewing your designs, recipient details, and order summary before placing an order. GiftSpatch assists your workflow; it does not replace your own review.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIFTSPATCH AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES; OR DAMAGES RESULTING FROM THIRD-PARTY SERVICES OR FROM UNAUTHORIZED ACCOUNT ACCESS CAUSED BY YOUR FAILURE TO SAFEGUARD CREDENTIALS.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM 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.
ANY CLAIM OR CAUSE OF ACTION 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.
14. Indemnification
You agree to indemnify, defend, and hold harmless GiftSpatch and its owners, employees, contractors, and affiliates from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, your violation of any law or third-party right, or any designs, content, or recipient data you upload or provide through the Services.
15. Governing Law, Arbitration, 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.
Informal resolution first. Before initiating any claim, you agree to contact us at hello@giftspatch.io and make a good-faith effort to resolve the dispute 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 administered on an individual basis, seated in Lancaster County, Pennsylvania, and conducted in English. 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 A TRIAL BY JURY. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.
Exceptions. Either party may bring an individual claim in small-claims court, and we may seek injunctive or other equitable relief in the state or federal courts located in Lancaster County, Pennsylvania to protect our intellectual property, 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 above is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought exclusively in the state or federal courts located in Lancaster County, Pennsylvania; the remainder of this Section and these Terms will remain in full force and effect.
16. General Provisions
Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and GiftSpatch regarding the Services.
No waiver. Our failure to enforce any right or provision is not a waiver of it.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Assignment. You may not assign your rights without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
Electronic communications. By using the Services, you consent to receive electronic communications from us, which satisfy any legal requirement that such communications be in writing.
Changes to Terms. We may update these Terms from time to time. Material changes will be notified by email and/or a notice within the Services. Continued use after changes take effect constitutes acceptance.
17. Contact Us
GiftSpatch, a product of Doron Ventures LLC
Support & legal inquiries: hello@giftspatch.io
Location: Lancaster, PA, USA
