Terms & Conditions

Terms of Use

These Terms of Use (“Terms”), together with the Thnks Privacy Policy (available here: www.thnks.com/privacy), govern your access and use of the applications, websites, content and services (collectively, the “Services”) made available to you by Applied Gratitude Inc. d/b/a Thnks (“Thnks”), including via the Thnks.com website (the “Website”), the Thnks mobile application (the “App”) or otherwise through integrations with third party software (such integrations, collectively with the Website and the App, are referred to herein, both individually and in the aggregate, as the “Platform”). Please read these Terms carefully, as they constitute a legal agreement between you and Thnks.

By accessing or using the Platform, including, without limitation, by accessing‚ using‚ downloading or opening an account with‚ or ordering or receiving items, including digital, tangible and service-related items (“Thnks Items”) from, the Website or the App, you confirm your agreement to be bound by these Terms.

Changes to these Terms of Use

Thnks reserves the right to make changes to, including termination of, the Platform and these Terms at any time and for any reason. All changes to the Terms are effective upon posting and all changes or modifications to the Platform are effective upon implementation of the changes or modifications. If you are unwilling to be bound by, or do not agree to, these Terms‚ you may not access or use the Platform.

Security

You are responsible for maintaining the confidentiality of your User ID (as defined below) and are responsible for all activities that occur under your User ID. You agree not to allow anyone else to use your User ID and not to use anyone else’s User ID. You agree (a) to notify Thnks immediately of any unauthorized use of your User ID or password of which you become aware‚ (b) to take reasonable steps to prevent others from using your User ID, for example, by not leaving your computer unattended without logging out of the Platform.

Age Restrictions

The Platform is not targeted towards or intended for use by anyone under the age of 18. By using the Platform‚ you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age‚ do not utilize the Platform or access the Platform. Also, note that some Thnks Items may be restricted for sale or delivery to persons of a certain age (depending on the state or jurisdiction of residence)‚ and Thnks may require you to submit or provide valid proof of your age and of the recipient before purchasing or sending age-restricted Thnks Items.

Opening an Account

If you do not have a Thnks account, you will need to establish an account to use the Platform as a sender of Thnks Items. To open an account with Thnks, you will be required to select a user name and password and to provide Thnks with your email address (your email address, user name and password are collectively your “User ID”). In providing Thnks with a User ID, you agree that such information is accurate and complete and that you will inform Thnks immediately of any changes to such information. You may not: (a) enter‚ select or use (i) a name other than your real first and last name or (ii) an email address owned or controlled by another person with the intent to impersonate that person; or (b) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms‚ and may result in immediate termination of your Thnks account. In addition‚ Thnks reserves the right to refuse registration of‚ or cancel‚ a User ID in Thnks’ sole discretion. You agree that all information you provide to Thnks to register for the Platform or otherwise is governed by the Thnks Privacy Policy, and you consent to all actions Thnks takes with respect to your information consistent with the Thnks Privacy Policy.

Use of the Platform

License and Intellectual Property

Subject to your compliance with these Terms‚ Thnks grants you a limited‚ non-exclusive, non-transferable personal license to access and use the Platform for the Platform’s intended purposes, namely, to send Thnks Items and to control, measure, record and report on such Thnks Items. This license grant does not include: (a) any resale or commercial use of the Platform or any content contained on the Website or in the App; (b) the collection and use of any product listings or descriptions; (c) use of any data mining‚ spiders, robots‚ or similar data gathering and extraction methods on the Platform. Except as noted above‚ you are not conveyed any express or implied right or license in or under any trademark‚ copyright‚ or other proprietary right of Thnks or any third party. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

You may not use‚ frame or employ framing techniques to enclose any Thnks trademark‚ logo‚ content or other proprietary information (including the images found within the Platform‚ the content of any text or the layout/design of any page or form contained on a page). Further‚ you may not use any metatags, metadata, or any other “hidden text” using the Thnks name‚ trademark‚ or product name.

As between you and Thnks‚ the Platform‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof‚ and all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of the Platform‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Thnks or by Thnks’ suppliers and licensors. Nothing contained in these Terms shall be deemed to grant to you or any other person any rights‚ title or interest in or to any copyright‚ trademark or other proprietary right of Thnks or any of Thnks’ suppliers or licensors.

Any trademarks‚ service marks‚ and other marks and indicators of source or origin that are displayed within the Platform are the proprietary property of Thnks or their respective owners‚ as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers‚ or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear within the Platform are the property of their respective owners‚ who may or may not be affiliated with‚ connected to‚ or sponsored by Thnks. You may not use‚ copy‚ modify or display any of the trademarks‚ service marks‚ names or logos appearing within the Platform without the express written permission of the trademark owner.

If you make any unauthorized use of the Platform as determined by Thnks in its sole discretion, Thnks reserves the right to terminate the license granted by these Terms, including by disabling your User ID. In addition, unauthorized use may violate applicable law, including copyright laws‚ trademark laws (including trade dress)‚ and communications regulations and statutes. Thnks reserves the right to prosecute violators to the fullest extent of the law.

Purchases

The Platform enables your purchase of Thnks Items for delivery to a designated recipient. Your purchase, and any inquiries or disputes regarding your purchase (including refunds or other adjustments associated with your purchase) are solely between you and Thnks. Thnks will provide you with a receipt for your purchase, through the Platform or by email to the email address you provided to Thnks in connection with inputting your User ID. Thnks Items issued in the form of merchant gift cards are fulfilled by Thnks’s vendor partners and issued by the merchant identified on the gift card. Thnks does not issue, and has no financial obligation relating to you or anyone else, regarding merchant gift cards. Subject to the expiration dates described in these Terms, in the event a specific purchased Thnks Item is no longer available at the time of redemption, Thnks reserves the right to offer, in its discretion, substitute products, Platform or credits to purchase future Thnks Items with a value equivalent to the value of the unavailable Thnks Item at the time it was selected by the sender.

Pricing

Prices on the Platform include the retail cost for the Thnks Item being sent, a service charge retained by Thnks and such additional amounts, if any, that may be charged to the sender to ensure that the recipient is able to redeem, free of charge, the Thnks Item that such recipient is receiving regardless of the recipient’s location of receipt, such as charges for shipping or sales taxes, if applicable.

Credits

Thnks is not responsible for errors or omissions regarding the price of any Thnks Item available on the Platform or any other matter on any website linked to the Platform. Thnks reserves the right to correct any errors or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error or omission on an item you have ordered, Thnks reserves the right to cancel the order and refund the sender payment in the form of credits subject to expiration as described below.

Payment Methods and Expiration

Team Users (any user on a self-serve team, enterprise or pro plan) may pay to send Thnks Items through the Platform in one of two ways: (i) through draw-downs against a pre-funded account balance (“Balance”), which may be funded either via a cash transfer or a credit card charge or (ii) individual credit card charges for each Thnks Item sent.  Team Users funding their Balance with a credit card will see their balance reflect a 2.9% charge.

Individual users not on a Team must use option (ii).

Balance Draw Down Payment Method

Once funded, a Balance thereafter contains Thnks credits (”Credits”) which may be used on the Platform to purchase and send Thnks Items to recipients.  Credits are subject to refund to your Balance or expiration as follows:

  • Credits in a Balance which has not been used to send Thnks Items on the Platform in 365 days are subject to expiration.
  • Credits for a Thnks Item that has been delivered but gone unopened for a period of 30 days will be refunded to your Balance less the relevant Thnks service fee.
  • A Thnks Item that has been opened by a recipient but has gone unredeemed for a period of 365 days from the send date will be expired and the related Credits will expire.
  • In the event that a Thnks Item is digitally undeliverable (e.g. an undeliverable email address or cell number), all associated Credits will be refunded to your Balance,.
  • Promotional Credits will expire in accordance with their terms.

Credit Card Per Use Payment Method

For individuals on a Team who choose to pay per transaction via credit card rather than through a Balance draw down the following will apply:

  • In the event that the Thnks Item has been delivered but is unopened by the recipient for a period of 30 days, the value of that Thnks Item will be refunded to your credit card less the applicable Thnks service fee.
  • A Thnks Item that has been opened by a recipient but has gone unredeemed for a period of 365 days from the send date will be expired and the related value will expire.
  • In the event that a Thnks Item is digitally undeliverable all associated values will be refunded to your credit card, e.g. an undeliverable email address or cell number.
  • Promotional Credits will expire in accordance with their terms.

Individuals not on a Team must pay via credit card per transaction and the following will apply:

  • A Thnks Item that has been opened by a recipient but has gone unredeemed for a period of 365 days from the send date will be expired and the related value will expire.
  • In the event that a Thnks Item is digitally undeliverable all associated values will be refunded to your credit card, e.g. an undeliverable email address or cell number.
  • Promotional Credits will expire in accordance with their terms.

 

If you are utilizing the Platform as a recipient of a Thnks Item and you receive an email or App notification that you have received a Thnks Item, you must open the email or respond to the App notification within 30 days and, if no opening occurs or response is received by Thnks within 30 days, Thnks will cancel the Thnks Item and you will no longer be entitled to access, redeem or utilize the Thnks Item.

In no event will you be entitled to a cash refund with respect to your use of the Platform, including the sending or purchase of a Thnks Item. In the event Thnks determines in its discretion that a refund may be issued, such refund will be issued in the form of Thnks Credits with a value determined in accordance with the Terms above. Thnks is not a bank and does not offer banking, money service business services or money transmission services.

BY UTILIZING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE, IN ACCORDANCE WITH THESE TERMS, THAT EXPIRATION DATES ARE ASSOCIATED WITH PURCHASES OF THNKS ITEMS, AND, AS SUCH, THERE MAY BE INSTANCES WHERE THNKS CREDITS OR OTHER RIGHTS HEREUNDER ARE FORFEITED AFTER A CERTAIN AMOUNT OF TIME.

Restrictions on Rights to Use

You agree that you will not do any of the following or authorize anyone to do any of the following:

(a) download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any thing or any portion of anything within the Platform ‚ except and to the extent expressly permitted under these Terms;

(b) remove any copyright‚ trademark or other proprietary rights notice contained within the Platform;

(c) use any robot‚ spider‚ other data gathering device or software to retrieve or index any portion of the Platform;

(d) collect any information about other users of the Platform;

(e) reformat or frame any portion of any web pages or user interfaces that are part of the Platform;

(f) create user accounts by automated means or under false or fraudulent pretenses;

(g) create or transmit to other users of the Platform any electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Platform;

(h) transmit or upload to the Platform any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of the Platform, including any computer or other device or system‚ or the enjoyment of the Platform by any user;

(i) use the Platform , to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);

(j) take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on the Platform or the IT infrastructure used to operate and make the Platform available;

(k) use the Platform to harass, embarrass, bully, stalk, defame, injure, or cause distress to any person; or

(k) use the Platform to intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.

Copyrights

If you believe any aspect of the Platform infringes your copyright‚ you should send written notice of copyright infringement to the Thnks designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:

A description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Platform; your address‚ telephone number and email address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner‚ its agent or the law; a statement by you‚ made under penalty of perjury‚ that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue. Our designated copyright agent for notice of claims of copyright infringement on the Platform may be reached at the following address:

Copyright Agent —

Thnks Operations
231 Public Square
Franklin, TN 37064
or by email: info@Thnks.com

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, INCLUDING ANY INFORMATION‚ ADVICE‚ SERVICES‚ PRODUCTS‚ AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON OR ACCESSED IN CONNECTION WITH THE USE OF THE PLATFORM‚ IS ENTIRELY AT YOUR OWN RISK‚ AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW‚ THNKS MAKES NO‚ AND HEREBY DISCLAIMS ALL‚ REPRESENTATIONS OR WARRANTIES OF ANY KIND‚ EXPRESS OR IMPLIED‚ AS TO THE AVAILABILITY‚ OPERATION AND/OR USE OF THE PLATFORMAND EACH AND EVERY THNKS ITEM RECEIVED OR AVAILABLE FOR PURCHASE IN CONNECTION WITH THE PLATFORM ‚ INCLUDING BUT NOT LIMITED TO ANY AND ALL CONTENT‚ ‚ PRODUCTS‚ SERVICES AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OR ACCESSED IN CONNECTION WITH THE USE OF THE PLATFORM‚ INCLUDING WARRANTIES OF MERCHANTABILITY‚ FITNESS FOR A PARTICULAR PURPOSE‚ AND NON-INFRINGEMENT‚ AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THNKS AND ITS SUPPLIERS OF THNKS ITEMS EXPRESSLY DISCLAIM ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING THOSE AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT WITH RESPECT TO ANY OF THE THNKS ITEMS OFFERED ON THE SITE. ALL THNKS ITEMS ARE PROVIDED “AS-IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND BY THNKS OR ANY OTHER PARTY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY AND, TO THE EXTENT ANY SUCH STATE LAW APPLIES TO YOU‚ THE LIMITATION DESCRIBED HEREIN MAY NOT APPLY TO YOU TO THE EXTENT, AND ONLY TO THE EXTENT, THE LIMITATION IS CONTRARY TO SUCH LAW.

THNKS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA USE OF OR INCIDENTAL TO USE OF THE PLATFORM IS ACCURATE‚ COMPLETE OR CURRENT‚ AND THNKS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF‚ INABILITY TO USE‚ OR RELIANCE ON ANY ASPECT OF THE PLATFORM. FURTHER‚ THNKS MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED‚ SECURE‚ OR FREE OF ERRORS‚ VIRUSES‚ OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION‚ WHETHER ORAL OR WRITTEN‚ OBTAINED BY ANY YOU FROM THNKS, WHETHER THROUGH THE PLATFORM OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability

IN NO EVENT SHALL THNKS OR ITS RESPECTIVE AFFILIATES‚ OR THE SHAREHOLDERS‚ DIRECTORS‚ OFFICERS‚ MEMBERS‚ MANAGERS‚ EMPLOYEES‚ AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING‚ BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING‚ BUT NOT LIMITED TO‚ ANY DIRECT‚ INDIRECT‚ SPECIAL‚ PUNITIVE‚ INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS‚ GOODWILL OR REVENUE‚ BUSINESS INTERRUPTION‚ OR LOSS OF DATA) ARISING OUT OF THE USE OF‚ ACCESS TO‚ RELIANCE ON‚ UNAVAILABILITY OF‚ INABILITY TO USE‚ OR IMPROPER USE OF THE PLATFORM‚ OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION‚ EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES‚ AND REGARDLESS OF THE FORM OF ACTION‚ WHETHER IN CONTRACT‚ TORT‚ OR OTHERWISE. IN NO EVENT SHALL THNKS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU IN CONNECTION WITH THE PURCHASE OF THNKS ITEMS ON THE PLATFORM. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

You agree to defend, indemnify and hold Thnks and its affiliates‚ licensors‚ directors‚ officers‚ members‚ managers‚ employees‚ agents‚ and representatives‚ harmless from and against any claims, judgments, awards, losses‚ costs‚ expenses or damages of any nature whatsoever (including reasonable attorneys’ fees and court costs) arising out of or related to (i) your access to the Platform‚ (ii) your use of the Platform‚ (iii) your violation of these Terms ‚ (iv) any use of your User ID or password by you or any third party‚ (v) your acceptance of any Thnks Item delivered to you through the use of the Platform, or (vi) the infringement or other violation by you‚ or any third party using your account or User ID or password‚ of any intellectual property or other right of any person or entity.

Links to Third Party Sites

The Platform may display links to third party sites. Thnks is not responsible for the content of such links‚ or for any products‚ services or other materials relating to any linked site‚ or any link contained in a linked site. The display of any link does not imply endorsement by us of the linked site or any content therein. IN NO EVENT WILL THNKS BE LIABLE‚ DIRECTLY OR INDIRECTLY‚ TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE‚ CONTINUED USE OR RELIANCE ANY LINKED THIRD-PARTY SITE‚ OR ANY LINK CONTAINED IN A LINKED SITE.

Applicable law

By using the Platform ‚ you agree that the laws of the State of Tennessee‚ without regard to principles of conflict of laws‚ will govern these Terms and any dispute of any sort that might arise between you and Thnks.

Arbitration

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Nashville, Tennessee. The arbitration shall be administered by American Arbitration Association pursuant to its Commercial Rules. All claims shall be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. The parties agree that the resolution is final and binding, and enforceable through the applicable court.

Miscellaneous

Thnks may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ U.S. mail‚ or postings on the Platform. These Terms, along with the Privacy Policy, constitute the entire agreement among you and Thnks regarding use of the Platform, provided, that if “you” both are not an individual person and have entered into a separate enterprise-level agreement with Thnks, then the terms of such separate enterprise-level agreement will also apply to your use of the Platform and, to the extent any terms contained in such enterprise-level agreement conflict with these Terms, the terms of such enterprise-level agreement will apply. Thnks’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The headings in these Terms are for convenience only and have no legal or contractual effect.

 

Last updated on: 4/13/2021

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