Terms of Service

1. Eligibility and Accounts

1.1 The Service is intended for business use by sales, customer success, and similar professional teams. You must be at least 18 years old and able to form a binding contract to use the Service.

1.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [support email] if you suspect unauthorized use.

1.3 You agree to provide accurate, current information when creating an account and when placing orders, including accurate recipient shipping information.

2. Acceptable Use

You agree not to use the Service to:

• Send gifts to any recipient without a legitimate business relationship or reasonable belief that the recipient will welcome the gift;
• Send gifts to recipients who are prohibited by law, employer policy, or government ethics rules from accepting gifts (for example, certain government employees);
• Include harassing, threatening, discriminatory, or unlawful content in gift notes or messages;
• Attempt to defraud CloseAndKeep, our fulfillment partners, or any third party, including through fraudulent payment methods;
• Reverse-engineer, resell, or use the Service to build a competing product; or
• Violate any applicable law or third party’s rights.

We may suspend or terminate accounts that violate this section.

3. Orders, Pricing, and Payment

3.1 Pricing. CloseAndKeep charges a per-order fee at the time an order is placed. There is no subscription fee; you only pay for gifts you send.

3.2 Payment processing. All payments are processed by Stripe. By placing an order, you agree to Stripe’s terms of service applicable to payment processing. CloseAndKeep does not store your full payment card details.

3.3 Taxes. Prices do not include applicable sales, use, or similar taxes unless stated otherwise. You are responsible for any such taxes.

3.4 Order errors. You are responsible for the accuracy of recipient names, addresses, and gift notes at the time of ordering. CloseAndKeep is not responsible for gifts misdirected due to inaccurate information you provided.

4. Cancellations and Refunds

4.1 You may cancel an order for a full refund any time before it enters fulfillment (i.e., before the gift has been prepared for shipment). Once an order has entered fulfillment, it generally cannot be cancelled because our gifts, including baked goods, are prepared to order.

4.2 If a gift arrives damaged, spoiled, or materially different from what was ordered, contact us at [support email] within [X] days of delivery for a replacement or refund at our discretion.

4.3 We do not offer refunds for gifts that were delivered as ordered but were declined, unwanted, or unopened by the recipient.

5. Shipping and Fulfillment

5.1 CloseAndKeep works with third-party bakeries, gift vendors, and shipping carriers to fulfill orders. Delivery timelines are estimates only and are not guaranteed.

5.2 Some gifts (such as baked goods) are perishable and time-sensitive. You are responsible for confirming that a recipient’s address can accept a shipment within the expected delivery window.

5.3 CloseAndKeep is not liable for delays, losses, or damage caused by shipping carriers, weather, incorrect address information, or events outside our reasonable control.

5.4 CloseAndKeep will make reasonable efforts to disclose common allergens in gift offerings, but you are responsible for confirming a gift is appropriate for a given recipient’s dietary needs before ordering.

6. Third-Party Recipient Information

When you place an order, you provide us with personal information about your gift recipient (such as name and shipping address) on their behalf. You represent that you have a lawful basis and reasonable business justification for providing this information and that doing so does not violate any agreement or duty you owe to the recipient. See our Privacy Policy for how recipient information is handled.

7. Intellectual Property

7.1 CloseAndKeep and its licensors own all right, title, and interest in the Service, including its software, design, and trademarks. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as permitted here.

7.2 You retain ownership of the content you submit (such as gift notes and recipient records). You grant CloseAndKeep a limited license to use that content solely to provide and improve the Service.

8. Disclaimers

THE SERVICE AND ALL GIFTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOSEANDKEEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY GIFT WILL ARRIVE ON A PARTICULAR DATE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOSEANDKEEP AND ITS OFFICERS, EMPLOYEES, AND PARTNERS 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 LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO CLOSEANDKEEP FOR THE ORDER GIVING RISE TO THE CLAIM IN THE MONTHS BEFORE THE CLAIM AROSE.

10. Indemnification

You agree to indemnify and hold harmless CloseAndKeep from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your misuse of the Service, or the recipient information you provide.

11. Term and Termination

11.1 These Terms remain in effect while you use the Service. You may stop using the Service and close your account at any time.

11.2 We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion, including discontinuation of the Service.

11.3 Sections that by their nature should survive termination (including Sections 7–10 and 12) will survive.

12. Governing Law and Disputes

12.1 These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles.

12.2 Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in Colorado, and you consent to personal jurisdiction there. [Consider adding an arbitration clause and/or class-action waiver with counsel’s input if desired.]

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and, where appropriate, notify you by email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Contact Us

Questions about these Terms can be sent to:

CloseAndKeep
[Business address]
[support email]