Terms of Service

1. Agreement to these Terms

By creating an account, checking the box to accept these Terms, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Who can use the Service

You must be at least 18 years old and able to form a binding contract to create an account. The Service is designed for adults planning gifts for others; it is not directed to children, and children may not create accounts.

The Service is operated from the United States and is intended for use in the United States. If you use it from elsewhere, you are responsible for following your local laws.

3. Your account and sign-in

• We use passwordless sign-in: we email you a one-time code. Anyone with access to your email inbox may be able to sign in to your account, so keep your email account secure.
• Give us an accurate email address that you control, and keep it up to date.
• You are responsible for activity under your account. Tell us right away at hello@donebydecember.com if you believe someone has accessed it without permission.
• One person per account. Do not share sign-in codes or sell, transfer or rent your account.

4. What the Service is (and isn't)

Done By December is a personal planning tool. It helps you list the people you’re shopping for, keep track of gift ideas and purchases, and set and follow a holiday budget.

• Not financial advice. Budgets, totals, the Merry Meter and other figures are calculated only from the information you enter. They are for your convenience and are not financial, tax, accounting or legal advice.
• Not a store. We do not sell, ship, deliver, return or guarantee any products. Purchases you make from a retailer are between you and that retailer.
• Prices may be wrong or out of date. Prices, availability and product details you enter or that appear from third parties may change. We do not track or monitor retailer prices.
• Keep your own records. Keep receipts and order confirmations from retailers. The Service is not a substitute for them.

5. Free and Premium plans

Free plan

The Free plan includes the core planner and holds up to 25 gifts per holiday season. We may change what the Free plan includes, but we will not delete your existing gift records because you reach or exceed a limit.

Premium plan

Premium is a paid household subscription, currently listed at $14.99/year plus any applicable tax. Features marked “coming soon” are not yet available and are not part of what you are paying for until we release them. When paid Premium becomes available, the following apply:

• Automatic renewal. Premium renews automatically each year at the then-current price unless you cancel before the renewal date. We will show the price and renewal terms before you pay, and we will notify you before a renewal as required by law.
• Cancel any time. You can cancel renewal at any time. Premium stays active until the end of the period you already paid for.
• Refunds. Payments are non-refundable, including for partially used periods, except where required by law. If you believe you were charged in error, contact us at hello@donebydecember.com and we’ll make it right.
• Payments. Payments are processed by a third-party payment processor. We do not store your full card number.
• Price changes. We may change Premium pricing. Changes take effect at your next renewal, and we will give you notice before they do.
• If Premium ends. Your data stays. If your Premium subscription ends, your account returns to the Free plan. Gifts above the Free limit remain visible and editable, but you may not be able to add new ones until you are below the limit.

6. Gifted Premium

We may, at our discretion, give Premium to people at no charge (for example to family, friends or testers). Gifted Premium is for the length we specify (for example one year or “lifetime”), has no cash value, cannot be transferred or resold, and is applied to the account registered with the email address we gift it to. “Lifetime” means for as long as we offer Premium and operate the Service, not the lifetime of any person. We may revoke gifted Premium if it is misused or these Terms are violated.

7. Tester program and feedback

If we invite you to be a tester, we may ask you questions in the app, including weekly questions. Answering is voluntary. Test features may be incomplete, change, or be removed.

If you send us ideas, suggestions, survey answers or other feedback (“Feedback”), you give us permission to use it to operate and improve the Service and for any other purpose, without payment or obligation to you. We will not publicly attribute Feedback to you by name without your permission.

8. Your content

“Your Content” means the information you enter, such as the names of people you’re shopping for, gift ideas, notes, links, prices, budgets and answers to questions. You own Your Content.

You give us a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, process and display Your Content only as needed to provide, secure and improve the Service for you, and as described in our Privacy Policy. This license ends when Your Content is deleted from our systems, except for copies held in routine backups for a limited time.

Your gift lists are private to your household. We do not publish them or sell them.

9. Information about other people

Planning gifts means entering information about other people, including children. You agree to:

• Enter only what you need, such as a first name or nickname. You don’t need to enter ages, birthdays or other identifying details.
• Not enter sensitive information about anyone, such as government ID numbers, financial account numbers, health or medical information, or passwords.
• Use information about others only for personal gift planning, and only where you have the right to do so.

10. Acceptable use

You agree not to:

• Break the law, or use the Service to harass, harm, threaten or defraud anyone.
• Upload malware, or interfere with, overload or disrupt the Service or its security.
• Try to access accounts, households or data that aren’t yours, or probe, scan or test our systems for vulnerabilities without our written permission.
• Scrape, crawl or copy the Service with automated tools, or reverse-engineer it except where the law allows.
• Create accounts by automated means or under false pretenses, or get around plan limits or access controls.
• Resell, rent or commercially exploit the Service without our written permission.
• Enter content that is unlawful, infringing, or that you don’t have the right to share.

11. Affiliate links and retailers

The Service may include links to third-party retailers and websites, and some of those links may be affiliate links. If you buy something after following an affiliate link, we may earn a commission at no extra cost to you. See our Affiliate Disclosure.

Third-party sites are not controlled by us and have their own terms and privacy policies. We are not responsible for their content, products, prices, availability, shipping, returns or practices.

12. Our intellectual property

The Service, including its software, design, text, graphics, the Done By December name and logo, the Merry Meter and the Christmas Command Center, belongs to us or our licensors and is protected by law. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial gift planning, as these Terms allow. You may not use our name or logo without our written permission.

13. Changes, availability and beta features

We are continually improving the Service and may add, change or remove features. We try to keep the Service running, but it may sometimes be unavailable for maintenance, updates, or reasons outside our control. Features labeled “beta,” “preview,” “test” or “coming soon” may not work as expected.

14. Ending your account

You can stop using the Service at any time. To delete your account and its data, email hello@donebydecember.com from the email address on your account. We will confirm and delete it as described in our Privacy Policy.

We may suspend or close your account if you seriously or repeatedly violate these Terms, if we are required to by law, or if we stop offering the Service. Where reasonable, we will give you notice and a chance to download or copy your information first. If we discontinue the Service entirely, we will give at least 30 days’ notice when we can.

Sections that by their nature should survive (including Your Content license limits, Feedback, Disclaimers, Limitation of Liability, Indemnification and Governing Law) survive after your account ends.

15. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent allowed by law, we disclaim 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 Service will be uninterrupted, error-free or secure, that calculations will be free of errors, or that any data will never be lost.

Some states do not allow certain warranty disclaimers, so some of the above may not apply to you.

16. Limitation of liability

To the fullest extent allowed by law, Done By December and its owners, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, lost data, overspending, missed purchases or deliveries, or the cost of substitute goods, arising out of or relating to the Service, even if we were told such damages were possible.

Our total liability for all claims relating to the Service is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the claim arose, or (b) fifty U.S. dollars ($50).

These limits do not apply where the law does not allow them, including liability for our gross negligence, willful misconduct, or fraud.

17. Indemnification

To the extent allowed by law, you agree to defend and hold harmless Done By December from claims, losses and expenses (including reasonable attorneys’ fees) brought by a third party that arise from your violation of these Terms or the law, or from content you enter that you did not have the right to enter.

18. Governing law and disputes

These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules.

Let’s talk first. Before filing any claim, please email hello@donebydecember.com with a description of the issue and what you’re asking for. We’ll try in good faith to resolve it within 60 days.

If we can’t resolve it, either of us may bring an individual claim in small-claims court if it qualifies. Otherwise, disputes will be resolved exclusively in the state or federal courts located in Midland County, Texas, and both of us consent to those courts’ jurisdiction. Nothing in these Terms takes away rights you have as a consumer that cannot be waived under the laws of the state where you live.

19. General terms

• These Terms, together with the policies they reference, are the entire agreement between you and us about the Service.
• If any part of these Terms is found unenforceable, the rest stays in effect.
• If we don’t enforce a provision right away, we haven’t waived it.
• You may not transfer your rights under these Terms. We may transfer ours as part of a merger, sale or reorganization, with notice to you.
• We are not responsible for delays or failures caused by events beyond our reasonable control.
• We may send you notices by email to the address on your account or by posting them in the Service.

20. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or in the Service before the changes take effect, and we may ask you to accept the updated Terms. The “last updated” date at the top shows when they last changed. If you keep using the Service after changes take effect, you accept the updated Terms.

21. Contact us

Questions about these Terms? Email us at hello@donebydecember.com.