Legal

Terms & Conditions

These Terms & Conditions (“Terms”) govern the use of GiftToMarket’s services by business customers.

By purchasing, subscribing to, or otherwise using GiftToMarket’s services, the customer (“Customer,” “you,” or “your”) agrees to these Terms.

GiftToMarket services are intended for business customers only and are not offered to consumers.

1. Our Services

GiftToMarket creates and fulfills personalized physical outbound campaigns intended to help sales and marketing teams reach prospective customers.

Depending on the selected plan or agreed campaign, our services may include campaign concept development, design, personalization, physical products, gift messages, QR codes, production, fulfillment, shipping and delivery tracking.

The specific scope, quantity, price and any additional services are determined by the plan purchased or by a separate written order form or proposal.

2. No Guarantee of Meetings or Revenue

GiftToMarket helps Customers create physical outbound campaigns designed to attract attention and encourage engagement.

However, we do not guarantee any particular number of replies, meetings, opportunities, sales, pipeline or revenue.

Campaign performance may depend on factors outside our control, including the Customer’s targeting, offer, brand, follow-up process, sales team and recipients.

References on our website to booking meetings, generating responses or campaign results describe the intended purpose of the service or past results and are not guarantees of future performance.

3. Subscription Plans

GiftToMarket may offer monthly subscription plans, including plans providing a specified number of personalized sends per month.

Unless otherwise agreed in writing, subscriptions renew automatically each month using the payment method provided at checkout.

Customers authorize GiftToMarket and its payment provider to charge the applicable subscription fee on each renewal date.

Prices displayed exclude any taxes that we are legally required to collect unless expressly stated otherwise.

4. Cancellation

Subscriptions may be cancelled at any time.

Cancellation takes effect at the end of the current paid billing period. Cancellation prevents the next renewal charge but does not automatically entitle the Customer to a refund for the current billing period.

To avoid the next charge, cancellation must be completed before the next scheduled renewal.

GiftToMarket may also cancel or suspend a subscription where a Customer fails to pay, breaches these Terms, uses the service unlawfully, or creates material operational or compliance risk.

5. Monthly Send Allowances

Each subscription includes the number of sends specified in the applicable plan.

A “send” means one personalized gift prepared for one intended recipient.

The Customer must provide the information and approvals reasonably required for GiftToMarket to complete the sends.

Unless otherwise agreed in writing, unused sends do not automatically roll over into future billing periods.

A send will not be treated as unused merely because production or delivery takes place after the billing period where the Customer submitted and approved that send during the applicable period.

If a delay is caused by GiftToMarket, the affected sends will remain available and will not expire because of that delay.

6. Campaign Approval

GiftToMarket will provide campaign designs or concepts for Customer approval where applicable.

The Customer is responsible for reviewing names, logos, spelling, QR codes, messaging and other campaign details before approving production.

GiftToMarket currently offers design revisions as described in the applicable plan. Revisions must be requested before final production approval.

Once the Customer approves a design and production begins, changes may no longer be possible. Any reprinting caused by Customer-requested changes or Customer-approved errors may incur additional charges.

7. Customer Content

The Customer may provide trademarks, logos, names, copy, images, URLs and other material (“Customer Content”).

The Customer grants GiftToMarket a limited right to use Customer Content solely as reasonably necessary to create and fulfill the Customer’s campaign.

The Customer confirms that it has the necessary rights and permissions to provide and use the Customer Content.

GiftToMarket will not claim ownership of the Customer’s trademarks or other pre-existing intellectual property.

8. GiftToMarket Creative Work

GiftToMarket retains ownership of its underlying processes, campaign frameworks, templates, know-how, methodologies and reusable design systems.

After full payment, the Customer may use the final campaign materials created specifically for that Customer for its own business and marketing purposes.

GiftToMarket will not publicly identify a Customer, publish campaign results, use a Customer’s logo as a customer reference or publish confidential campaign materials without permission.

9. Recipient Information

To fulfill campaigns, Customers may provide information about intended recipients, including names, companies, job titles and delivery addresses.

The Customer confirms that it has a lawful basis and appropriate authority to provide this information to GiftToMarket and to use it for the relevant campaign.

GiftToMarket will use recipient information only as reasonably necessary to provide the services, comply with law, prevent fraud, resolve operational issues or as otherwise described in our Privacy Policy.

GiftToMarket may provide necessary recipient information to fulfillment partners, printers and shipping carriers in order to produce and deliver gifts.

Where applicable data-protection law requires a separate data processing agreement, the parties will enter into one.

10. Customer Responsibility for Gifting Compliance

The Customer is responsible for determining whether sending a gift to a particular recipient is appropriate and legally permitted.

This includes compliance with applicable anti-bribery laws, industry rules, procurement requirements, company gift policies, recipient-employer policies and applicable gift-value limits.

GiftToMarket does not guarantee that a particular recipient is permitted to accept a gift.

GiftToMarket may decline or remove a recipient or campaign where we reasonably believe fulfillment could create legal, compliance, safety or reputational risk.

11. Addresses and Delivery

Customers are responsible for providing accurate recipient information where required.

GiftToMarket is not responsible for unsuccessful delivery resulting from inaccurate, incomplete or outdated information supplied by the Customer.

Estimated production and delivery times are estimates only and are not guaranteed.

Delivery may be affected by carriers, weather, holidays, customs, inventory availability, recipient availability and other circumstances outside GiftToMarket’s reasonable control.

A package being marked as delivered by the carrier will generally be treated as successfully delivered.

12. Lost or Damaged Shipments

If a package is materially damaged or lost in transit, the Customer should notify GiftToMarket as soon as reasonably possible.

Where appropriate, we may arrange a replacement, issue a send credit or pursue a claim with the relevant fulfillment or shipping provider.

GiftToMarket is not responsible for packages that are stolen or misplaced after confirmed delivery.

13. Product Availability and Substitutions

Products, sizes, scents, colors and other variants may become unavailable due to supplier inventory.

If a selected product becomes unavailable before production, GiftToMarket may propose a reasonably comparable alternative.

We will seek Customer approval before making a material product substitution.

If no reasonable alternative is available, the affected send may be credited, postponed or refunded as appropriate.

14. Third-Party Providers

GiftToMarket may use third-party companies to provide printing, manufacturing, payment processing, fulfillment, hosting, analytics and shipping services.

GiftToMarket remains responsible for providing its service to the Customer but cannot guarantee uninterrupted availability or performance of independent third-party systems and carriers.

15. Payments and Refunds

Unless otherwise agreed, payment is required before production begins.

Subscription charges and campaign fees are generally non-refundable once the applicable billing period or production process has begun, except where required by law or where GiftToMarket is unable to provide the purchased services.

Custom-made and personalized products cannot normally be cancelled once production has begun.

Any approved refund will be made to the original payment method where reasonably possible.

16. Additional Costs

The stated plan price includes only the services and products described in that plan.

Custom products, unusually expensive gifts, expedited production, special packaging, international delivery, complex personalization or other requests outside the normal scope may require additional fees.

GiftToMarket will obtain Customer approval before charging material additional fees.

17. Confidentiality

Each party may receive non-public business information from the other while working together.

Each party agrees to use such confidential information only for the purpose of performing or receiving the services and to take reasonable measures to protect it from unauthorized disclosure.

Confidential information does not include information that is public through no breach of these Terms, was already lawfully known to the receiving party or is independently developed without use of the other party’s confidential information.

18. Acceptable Use

Customers may not use GiftToMarket to send unlawful, threatening, discriminatory, fraudulent, deceptive or otherwise harmful materials.

Customers may not use the service to impersonate another organization or person or violate third-party intellectual property rights.

GiftToMarket may refuse any campaign or content that we reasonably believe violates these requirements.

19. Limitation of Liability

To the maximum extent permitted by applicable law, GiftToMarket will not be liable for indirect, incidental, special or consequential damages, including lost profits, lost revenue, lost opportunities, reputational damage or loss of anticipated business.

GiftToMarket’s total aggregate liability arising from the services will not exceed the amount paid by the Customer to GiftToMarket during the three months immediately preceding the event giving rise to the claim, or, for a one-time campaign, the amount paid for that campaign.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

20. Customer Indemnification

The Customer agrees to indemnify GiftToMarket against third-party claims, losses or reasonable expenses resulting from Customer Content, unlawful instructions, infringement of third-party rights, misuse of recipient information or a campaign that the Customer instructed GiftToMarket to perform in violation of applicable law.

21. Force Majeure

GiftToMarket will not be liable for delays or failure to perform caused by events outside its reasonable control, including severe weather, natural disasters, strikes, carrier disruptions, supplier failures, governmental action, war, internet outages or widespread technical failures.

We will make reasonable efforts to resume performance as soon as practicable.

22. Changes to the Services or Terms

GiftToMarket may update these Terms from time to time.

Material changes affecting an existing subscription will apply prospectively and will be communicated before they take effect where reasonably required.

Continued use of the service after revised Terms become effective constitutes acceptance of the updated Terms.

23. Entire Agreement

These Terms, together with any applicable order form, proposal, Privacy Policy and Data Processing Agreement, form the agreement between GiftToMarket and the Customer.

If an order form expressly conflicts with these Terms, the order form will take precedence for that specific campaign.

24. Contact

Questions about these Terms can be sent to:

GiftToMarket

Barnabas Reti

hello@gifttomarket.com

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