Terms of Service

Welcome to Thinking of You. These Terms of Service ("Terms") govern your use of the website and application located at thinkingofyou.app ("Service"), operated by Thinking of You ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using the Service, you confirm that you are at least 13 years of age, have read and understood these Terms, and agree to be bound by them. If you do not agree to these Terms, do not use the Service.

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or in-app notification. Your continued use after the effective date of changes constitutes acceptance of the updated Terms.

2. Use of the Service

The Service is intended for personal, non-commercial use to help individuals remember and celebrate important dates and milestones for the people in their lives.

You agree not to:

• Use the Service for commercial purposes, including reselling access or building products that compete with us using our platform.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Use automated means (bots, scrapers) to access or extract data from the Service.
• Submit false, misleading, or illegal content, or content that infringes on the rights of others.
• Use the Service in any way that violates applicable local, national, or international law.

3. User Content

You retain ownership of all data you enter into the Service, including contact information, relationship data, dates, and notes ("User Content").

By submitting User Content, you grant us a limited, non-exclusive, worldwide license to use, store, process, and display that content solely for the purpose of providing the Service to you.

You are responsible for ensuring that the information you enter about others is accurate and that you have appropriate consent to store it in a third-party service. We do not independently verify the accuracy of User Content.

4. Affiliate Links and Monetization

5. Your Account

You are responsible for maintaining the security of your account credentials. Do not share your password with others. You are responsible for all activity that occurs under your account.

If you suspect unauthorized access to your account, contact us immediately at legal@thinkingofyou.app.

6. Intellectual Property

The Service, including its design, code, text, graphics, and features (excluding User Content), is owned by Thinking of You and protected by copyright and other intellectual property laws. You may not reproduce, modify, distribute, or create derivative works based on the Service without our prior written consent.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. AI gift recommendations are generated automatically and may not always be appropriate — use your own judgment before making purchasing decisions.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THINKING OF YOU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify and hold harmless Thinking of You, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.

10. Termination

You may delete your account at any time from Settings → Account. Upon deletion, we will remove your data as described in our Privacy Policy.

We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms, without prior notice. We will not be liable for any damages resulting from such suspension or termination.

11. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of San Francisco County, California.

12. Contact

Questions about these Terms of Service? Contact us at: legal@thinkingofyou.app