WEBSITE TERMS AND CONDITIONS

These Terms and Conditions (the “Terms” or this “Agreement”) governs your use of Gratsy, LLC’s services and this website, including all pages within this website (collectively the “Site”, “Us”, “We,” “our”, the “Company”, “website”, or “Gratsy”). These Terms apply in full force and effect to your use of this Site and by using this Site, you expressly accept all terms and conditions contained herein in full.
As used herein, “You, “User” or “Users” means anyone who accesses and/or uses the Site or any of our services, or if the user represents an entity or other organization, that entity or organization.

We may update or replace any part of these Terms, without notice to You, by posting updates and/or changes to our website, www.gratsy.com. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to Services following the posting of any changes constitutes acceptance of any changes.

This is a legal agreement between You and Gratsy. You should carefully read this Agreement and the Company’s Privacy Policy, which is incorporated into and are part of this Agreement.

YOU MUST NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE TERMS.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

These Terms were last updated on April 16, 2025.

Section 1 - Access to the Service.

1.1. Subject to your acceptance of and compliance with this Agreement, Company grants to You a non-exclusive, non-transferable, revocable, and limited license to use the Service. The Company has the right to terminate your access to our Services at any time for any reason or for no reason at its sole discretion. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service.

1.2. Any new features or services which are added, at our sole unquestionable discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time. Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement.

1.3. As a condition of your use of Services and access to the Site, You shall not: (a) copy or adapt the Site’s software, including, but not limited to, Flash, PHP, HTML, Java, CSS, JavaScript or other code; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Site creates to generate web pages or any software or other products or processes accessible through the Site; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site; (e) sell the Site or any part thereof including, but not limited to, user accounts and access to them in exchange for anything of value; (f) violate any applicable law; or (g) allow another person or entity to use your identity in order to access the Service.

Section 2 – Safety Acknowledgment.

Gratsy offers, promotes and shares Promotional Items and samples from Third Parties (defined below) through the Services. By signing up for the Services, You are representing that You are 18 years of age or older, and that You agree to all disclaimers and safety precautions and follow the instructions for use in any accompanying literature on all Promotional Items from Third Parties. Gratsy and all Third Parties are not responsible for the use of Promotional Items by children and anyone under the age of 18 (“Minors”). If You provide Promotional Items to Minors, You do so at your own risk and assume all liability.

Section 3 - Privacy and Protection of Personal Information.

For information regarding the Company’s protection of your personal information, please refer to our Privacy Policy.

Section 4 – Third Party Links.

Through your use of the Service, You may be provided with hyperlinks or opt-in selections to other Internet sites or resources, including hyperlinks provided by third party advertisers and sponsors to the Service (collectively, “Third Parties”). We make no representation or warranty as to those sites and resources, or the advertising material presented by Third Parties through the Service or through the Third Party sites. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such information, goods or services, including all Promotional Items, available on or through any such site or resource.

Section 5 – Intellectual Property.

5.1. Certain information available through the Service is the property of the Company and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted, printed or used for any commercial purpose whatsoever without the prior written consent of the Company. The Gratsy logo, and any other marks used on the Site are trademarks of Gratsy. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights are reserved.

5.2. You agree to keep all information that You obtain from Gratsy, brand partners, and all other sponsored partners confidential. You will not reproduce, disseminate, sell, distribute, or commercially exploit any such information in any manner.

5.3. When You use the Services, You keep your rights to information, feedback and content You submit, post or make available on, through or about the Services including on Gratsy social media accounts or through Gratsy hashtags (“User Content”). By using the Services, You grant Gratsy an automatic, worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, adapt, modify, publish, display, transfer, sublicense and distribute your information for any purpose and in any and all media or distribution methods (now known or later developed), including, but not limited to, reposting User Content through our social media channels, and on website or mobile applications. You agree that You will not be entitled to any compensation from Gratsy for your information or for use of your information, including promotional or commercial uses.

5.4. Copyright Complaints.

Gratsy respects the intellectual property of others. If You believe in good faith that any materials on the Site infringe upon your copyrights, please send the following information to Gratsy’s Copyright Designated Agent at hello@gratsy.com:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that You are the copyright owner or are authorized to act on the copyright owner’s behalf; and
A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.

You may also contact our Copyright Designated Agent by mail with a complete set of the above information at:

Section 6 - Disclaimers; Limitations; and Waivers of Liability.

6.1. Gratsy does not produce or manufacture all of the Promotional Items distributed or promoted through Services. Gratsy hereby explicitly disclaims any responsibility or liability for these products or the use or consumption of them. By visiting the Site or using our Services, You acknowledge and accept this disclaimer. Users should ensure any and all instructions or packaging information is read carefully and thoroughly before use of the Promotional Item. Promotional Items should only be used per the manufacturer’s or supplier’s instructions.

6.2. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, THE “GRATSY PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOBILE APPLICATION, WEBPAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

6.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE GRATSY PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE GRATSY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES AGREE THAT THE GRATSY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED ($100) US DOLLARS.

6.4. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Section 7 - Release.

You forever release, discharge, and covenant not to sue the Gratsy Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Gratsy Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. You agree that You cannot sue the Gratsy Parties if anything happens to you, your personal information, any individual that You provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this section will survive any termination of your account(s), Subscription, the Service, or this Agreement. If You are a California resident, You waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are a resident of another jurisdiction, You waive any comparable statute.

Section 8 - Indemnification.

You agree at all times to indemnify, defend, and hold harmless the Gratsy Parties from any claim, causes of action, damages, liabilities, demands, costs and expenses, including attorneys’ fees, made by any third party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, your violation of any law or the rights of a third party, or the consequences of any choices You make in reliance on or based on information on this site.

Section 9 - Governing Law and Dispute Resolution.

The laws applicable to the interpretation of this Agreement shall be the laws of the State of Arkansas, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Benton County, Arkansas. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that You and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Benton County, Arkansas under the rules of the American Arbitration Association then in effect.

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

Section 10 – Severability.

In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 11 – Miscellaneous.

11.1. Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

11.2. This Agreement is effective until terminated by either party. The privileges granted to You under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole unquestionable discretion, You fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole unquestionable discretion. If You choose to delete your Account, such action will indicate intent to terminate by the User.

11.3. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you.

11.4. You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole unquestionable discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service.

11.5. The section headings used in this Agreement are for convenience only and will not be given any legal import.

11.6. Upon Company’s request, You will furnish Company any documentation, substantiation, or releases necessary to verify your compliance with this Agreement.

11.7. You hereby waive any and all defenses You may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. Your use of our mobile application and Services constitutes acceptance of this Agreement.

Section 12 – Entire Agreement.

These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between You and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 13 – Contact Information.

Questions about the Site Terms may be sent to Gratsy via email at hello@gratsy.com or via mail at Gratsy, LLC, c/o Legal, P.O. Box 1124, Bentonville, AR 72712.