Terms of Service

’preciated operates a business-to-business corporate gifting platform focused on thoughtful, inclusive snacks, meals, and gifts. References to "we," "us," and "our" mean ’preciated. References to "you" mean the individual or entity accessing the Services, and where you act on behalf of a company, you represent that you are authorized to bind that company to these Terms.

The Services are intended for businesses and for individuals who are at least 18 years old. You agree to provide accurate information when you submit a demo request, place an order, or otherwise interact with the Services, and to keep that information current. You are responsible for any activity that occurs under your account or order, including activity by your colleagues, vendors, or recipients.

When you submit a demo request, you authorize us to contact you at the email, phone number, and company address you provide in order to schedule a demo, share pricing, send proposals, and follow up on your interest. Demo information is used as described in our Privacy Policy. You can opt out of sales follow-up at any time by replying to any email from our team or by writing to info@preciated.co.

Prices, product availability, and promotions shown on the Services may change without notice and are not binding until we accept your order. We may decline or cancel an order at our discretion, including for suspected fraud, pricing errors, inventory issues, or recipient locations we cannot serve. For platform engagements covered by a separate written order form or master services agreement, that document controls to the extent it conflicts with these Terms.

You authorize us, or our payment processor, to charge the payment method you provide for the total order amount, including taxes and shipping. You are responsible for any chargebacks, reversals, or related fees attributable to your payment method.

We currently ship within the contiguous United States. Estimated delivery windows are provided in good faith but are not guaranteed, and we are not liable for delays caused by carriers, weather, incorrect recipient information, or other events outside our reasonable control. Title and risk of loss for shipped goods pass to you upon delivery to the carrier, except as required otherwise by applicable consumer-protection law.

If a gift cannot be delivered because of an incorrect address, an unavailable recipient, or a refusal to accept delivery, we will work with you in good faith to reroute or replace the order, but additional shipping costs may apply.

’preciated curates products with a broad range of tastes and dietary preferences in mind. Ingredient and product details are displayed on the relevant product pages and packaging.

You acknowledge that food products carry inherent risks, including allergens, cross-contact in shared facilities, and individual dietary sensitivities. Recipients should always read product labels. We make no warranty that our products are free from any specific allergen, and we are not responsible for adverse reactions caused by individual sensitivities, mislabeling by upstream suppliers, or recipient consumption choices.

You agree not to:

• Use the Services in violation of any law, regulation, or third-party right.
• Submit demo requests, orders, or recipient information you are not authorized to submit.
• Resell, scrape, reverse engineer, or use the Services to build a competing product.
• Interfere with or disrupt the Services, our infrastructure, or other users.
• Upload content or recipient lists that are unlawful, harassing, or infringing.

We may suspend or terminate access to the Services for any violation of these Terms or for any conduct that we reasonably believe is harmful to us, our users, or third parties.

When you upload, paste, or otherwise share recipient names, addresses, or other personal information, you represent that you have the legal basis to share that information with us for the purpose of fulfilling your gifts. You instruct us to process that information on your behalf as your service provider, solely to fulfill the engagement and as further described in our Privacy Policy. You are responsible for honoring opt-out, deletion, or access requests you receive from your recipients regarding your own gifting program.

The Services, including all software, designs, logos, photography, copy, and the ’preciated name, are owned by us or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in accordance with these Terms. Any feedback, ideas, or suggestions you share with us about the Services may be used by us without restriction or compensation to you.

The Services may link to or integrate with third-party services such as payment processors, shipping carriers, analytics providers, and email tools. We are not responsible for those third-party services, and your use of them is governed by their own terms and privacy policies.

THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ’PRECIATED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ’PRECIATED AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR ANY ORDER WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE ORDER GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.

You agree to defend, indemnify, and hold harmless ’preciated and its officers, employees, and suppliers from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your recipient lists, your violation of these Terms, or your violation of any law or third-party right.

You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or if we discontinue the Services. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to the paragraph below, you and ’preciated agree to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any dispute that is not subject to arbitration.

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally within thirty (30) days of written notice will be resolved by binding individual arbitration administered by a recognized U.S. arbitration provider, except that either party may bring an individual claim in small-claims court or seek injunctive relief in court for intellectual-property or confidentiality matters. You and ’preciated each waive the right to participate in a class action or class arbitration to the maximum extent permitted by law.

We may update these Terms from time to time. If we make material changes, we will update the effective date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Services after the changes take effect means you accept the updated Terms.

Questions about these Terms can be sent to info@preciated.co.