Terms of Service
Last updated: May 26, 2025
These Terms of Service (“Terms”) govern your access to and use of Thoughtfully, including our website, mobile applications, and related services (collectively, the “Service”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. About Thoughtfully
Thoughtfully helps you remember people, capture gift ideas, track occasions, and organize wishlists. Features may change as we improve the product. We may add, modify, or remove functionality at any time.
2. Eligibility
You must be at least 13 years old to use the Service. If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian. By using the Service, you represent that you meet these requirements and have the authority to enter into these Terms.
3. Accounts and security
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at hello@thoughtfully.io if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms or pose a security risk.
4. Your content and data
You may store information in the Service, such as contact names, birthdays, gift ideas, notes, and wishlists (“User Content”). You retain ownership of your User Content. You grant Thoughtfully a limited license to host, process, and display User Content solely to operate and improve the Service.
You are responsible for the accuracy of information you enter and for ensuring you have appropriate permission to store personal details about others. Do not upload content you do not have the right to use. Our handling of personal data is described in our Privacy Policy.
5. Acceptable use
You agree not to misuse the Service. Prohibited conduct includes, without limitation:
- Violating applicable laws or others' rights
- Harassing, threatening, or impersonating others
- Uploading malware or attempting to disrupt the Service
- Scraping, reverse engineering, or circumventing access controls
- Using the Service for unsolicited marketing or spam
6. Subscriptions and purchases
Some features may be offered for a fee, including through in-app purchases on iOS. Prices and billing periods will be shown before you purchase. Payment processing for Apple App Store purchases is handled by Apple; other purchases may be processed by third-party payment providers.
If you purchase an auto-renewing subscription, it renews automatically unless canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage or cancel subscriptions in your Apple ID account settings after purchase. Refunds for App Store purchases are subject to Apple's refund policies.
7. Intellectual property
Thoughtfully and its licensors own the Service, including software, design, branding, and documentation. These Terms do not grant you any rights to our trademarks or other intellectual property except as needed to use the Service as intended.
8. Third-party services
The Service may reference or link to third-party products, retailers, or websites. Thoughtfully does not control and is not responsible for third-party services, product availability, pricing, or fulfillment. Gift suggestions and reminders are informational only; you decide what to buy and give.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THOUGHTFULLY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO THOUGHTFULLY FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM (OR USD $0 IF YOU HAVE NOT PAID ANY FEES).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless Thoughtfully from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Service, your User Content, or your violation of these Terms.
12. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms or if we discontinue the Service. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will survive.
13. Changes to these Terms
We may update these Terms from time to time. We will post the revised version on this page and update the “Last updated” date. Material changes may also be communicated in the app or by email. Continued use after changes become effective constitutes acceptance of the updated Terms.
14. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. You agree that disputes will be resolved in the state or federal courts located in Delaware, unless applicable law requires otherwise.
15. Contact
Questions about these Terms? Contact us at hello@thoughtfully.io.
16. Apple App Store terms
If you download or use Thoughtfully on an iOS device, the following also applies:
- These Terms are between you and Thoughtfully only, not Apple. Apple is not responsible for the Service or its content.
- Your license to use the iOS app is limited to a non-transferable license to use the app on Apple-branded products you own or control, as permitted by the Apple Media Services Terms and Usage Rules.
- Apple has no obligation to provide maintenance or support for the app. Product claims, intellectual property infringement claims, and legal compliance are the responsibility of Thoughtfully, not Apple.
- In the event of failure of the app to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as a third-party beneficiary.
For App Store metadata, this page serves as Thoughtfully's Terms of Use (EULA). Apple's standard EULA also applies where required by Apple.