Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Duly Noted (“Duly Noted,” “we,” “us,” or “our”) governing your use of our website at dulynoted.ink, our application at app.dulynoted.ink, and related services (together, the “Service”). By using the Service, joining our waitlist, or placing an order, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that the information you provide is accurate.

2. The Service

Duly Noted helps you create and send thank-you cards. You photograph gifts; we use technology to help identify each gift and attribute it to a giver from your list; we help draft a personalized note; and, when you place an order, we arrange for a physical, handwritten card to be produced and mailed through our fulfillment partner. Features, pricing, and availability may change, and some features may be offered as early access or in beta.

3. Accounts & waitlist

You may need an account to use certain features. You are responsible for the information you provide, for keeping your credentials secure, and for activity under your account. Joining our early-access list means you agree to receive a limited number of emails about availability; you can unsubscribe at any time. Notify us promptly at hello@dulynoted.ink of any unauthorized use.

4. Your content & recipient data

“Your Content” means the photos, names, mailing addresses, note text, edits, and other materials you submit to the Service, including information about the people you are thanking.

You retain ownership of Your Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, modify (for example, to draft notes and format cards), and transmit Your Content as necessary to operate and provide the Service, including sharing it with the service providers described in our Privacy Policy.

5. AI-generated notes

The Service uses artificial intelligence to help identify gifts and to draft note text. AI-generated drafts may contain inaccuracies and are provided as a starting point. You are responsible for reviewing, editing, and approving every note before it is ordered and sent. Once you approve and submit an order, the note is sent as approved. We do not guarantee that gift identification or drafts will be accurate or error-free.

6. Orders, fulfillment & payment

• Orders. When you place an order, you authorize us to produce and mail the card(s) you approve. Prices and any applicable taxes and fees are shown before you confirm.
• Payment. Payments are processed by our third-party payment processor. You agree to provide accurate payment information and authorize the charge for your order.
• Fulfillment. Physical cards are produced and mailed through our fulfillment partner (Handwrytten). Production and delivery times are estimates and depend on postal carriers and other factors outside our control.
• Cancellations & refunds. Because cards are custom-made and mailed, an order generally cannot be changed or canceled once it has entered production. If something goes wrong with your order, contact us at hello@dulynoted.ink and we will work with you in good faith.

7. Acceptable use

You agree not to use the Service to:

• Send content that is unlawful, harassing, defamatory, hateful, threatening, or that violates another person’s rights;
• Provide recipient information you are not authorized to use, or send unsolicited or bulk mail unrelated to a genuine thank-you;
• Infringe intellectual property or privacy rights;
• Upload malware, attempt to disrupt or gain unauthorized access to the Service, or scrape or reverse-engineer it; or
• Violate any applicable law or these Terms.

We may remove content or suspend or terminate access for conduct that violates this section.

8. Intellectual property

The Service, including its software, design, branding, and content (excluding Your Content), is owned by Duly Noted or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not copy, modify, distribute, or create derivative works from the Service except as permitted by these Terms.

9. Third-party services

The Service relies on and links to third parties (for example, Handwrytten for fulfillment, our payment processor, AI providers, and Meta for advertising). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services we do not control.

10. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, that gift identification or AI-generated notes will be accurate, or that cards will be delivered without delay. Any reliance on the Service is at your own risk.

11. Limitation of liability

To the maximum extent permitted by law, Duly Noted and its officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to the Service. Our total liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us for the order giving rise to the claim in the 6 months before the claim, or (b) US $100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless Duly Noted and its partners from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right — including any claim arising from recipient information you provided.

13. Termination

You may stop using the Service at any time and may delete your account as described in our Privacy Policy. We may suspend or terminate your access if you violate these Terms or to protect the Service or other users. Sections that by their nature should survive termination (including content licenses you’ve granted for submitted orders, disclaimers, limitations of liability, and indemnification) will survive.

14. Governing law & disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue there. You and Duly Noted agree to first try to resolve any dispute informally by contacting hello@dulynoted.ink. To the extent permitted by law, any claim must be brought within one year after it arises.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide additional notice where appropriate. Your continued use of the Service after an update means you accept the revised Terms.

16. Contact us

This document is provided as a general template and does not constitute legal advice. Please have it reviewed by qualified counsel before relying on it.