Terms of Use

Welcome to Generous! These Terms of Use ("Terms") govern your access to and use of the website, products, and services offered by Generous, Inc. ("Generous," "we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

Transparency Note: These Terms were drafted with the assistance of generative AI to support clarity and completeness. This does not alter the enforceability of these Terms.

Your Account

To use certain features of our platform, you may be required to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You can buy some gifts without an account. Scheduling a gift, Autogift™, and saving recipients require an account.

You must be at least 13 years old to use Generous or make a purchase. If you are under 18, you may do so only with the involvement of a parent or guardian. Autogift and Generous Plus are recurring charges, so they must be set up by the cardholder, or with the cardholder's permission, by someone 18 or older.

Use of Our Services

You agree to use our services only for lawful purposes and in accordance with these Terms.

You may not:

• Impersonate any person or entity.
• Misrepresent your affiliation with Generous.
• Access or use the services in a manner that could harm us, other users, or third parties.
• Use automated systems or software to extract data or content without our explicit permission.

We reserve the right to suspend or terminate your account at our sole discretion, including for violations of these Terms or to protect you, other users, or Generous from fraud.

While your account is suspended:

• Your scheduled gifts and Autogift gifts are paused. A gift that comes due while your account is still suspended is cancelled and is not sent later.
• Any authorization holds for those gifts are released, and you are not charged for a gift that is not sent.
• We stop sending emails about your account and gifts, to you and to your recipients, other than the notice that your account has been suspended.

If we reinstate your account, your Autogift occasions resume from the next one that comes due.

Orders and Transactions

There are two ways to buy a gift through Generous:

• Generous is the seller. For some purchases, Generous is the seller and merchant of record. We charge your payment method, and we are responsible to you for the sale. These Terms, including the sections on authorization holds, the service fee, Gift Glimpse, Autogift, and refunds, apply to these purchases.
• A merchant is the seller. For other purchases, we connect you with an independent merchant who is the seller. You buy from that merchant under its own terms and policies, which govern the purchase itself. Where you check out with the merchant, the merchant takes your payment. The merchant is responsible for fulfillment, shipping, returns, and customer support. Generous may earn a commission when you buy.

We tell you which applies before you buy. The product page or checkout shows who you are buying from. That disclosure governs the purchase. If it is not clear to you, please contact us before you buy.

The price, any service fee, and the total are shown before you confirm a purchase from Generous. We may decline or cancel an order, for example if an item becomes unavailable, a price was displayed in error, or we suspect fraud. If we cancel an order before you are charged, any hold is released. If you were already charged, we refund you.

Buying Without an Account

When Generous is the seller, you can buy some gifts without an account:

• Payment. You pay when you place the order, and your card issuer may ask you to verify the payment. If the payment cannot be verified, the order is not placed. We do not save your card for later purchases.
• Your purchase record. We keep a record of the purchase under the email address you give us, so we can send your receipt, deliver the gift, help you with the order, and prevent fraud.
• Order links. We email you a link to your order, and you can ask for a new one from our Find my order page. Anyone with the link can view the order, so please do not share it. Links expire after a limited time.
• An email that already has an account. If you use the email address of an existing Generous account, the purchase is made without signing in, and it is kept separate from that account. It does not appear in that account's gifts or orders.

If you later create an account or sign in with the same email address, these Terms continue to apply to your earlier purchases.

Scheduled Gifts and Gift Glimpse

When Generous is the seller, you can schedule a gift for a future date, and you can turn on Gift Glimpse, which lets your recipient preview the gift and swap it for another eligible gift before it is sent.

• Authorization holds. We may place a temporary authorization hold on your card when you place the order, shortly before the gift is sent, or both. A hold is not a charge, but it may appear as pending on your statement and reduce your available credit until it is captured or released.
• Swaps stay within your amount. Your recipient can swap only for a gift that costs no more than the gift amount you chose.
• You pay for what is sent. We charge you for the gift that is finally sent, plus any service fee, up to the amount you authorized. Any part of a hold we do not use is released.
• When a Glimpse closes. A Glimpse is open for a limited time. If your recipient does not respond before it closes, we send the gift you chose. Where we offer you the option to cancel instead and you choose it, the gift is cancelled, the hold is released, and you are not charged.
• Cancelling. You can cancel a scheduled gift before it is sent. Any hold is released and you are not charged.

Gift Cards

Once a gift card has been delivered, the sale is final, and the card cannot be returned, exchanged, or refunded, except where the law requires. Before delivery, the cancellation, skip, and Gift Glimpse swap rules in these Terms apply.

Service Fee

Some gifts carry a service fee. It pays for the work Generous does to deliver a gift on a future date, to let your recipient swap it, and to send gifts automatically.

• Which gifts. Scheduled gifts, gifts with Gift Glimpse turned on, and Autogift gifts. A gift sent right away without Gift Glimpse has no service fee.
• How much. The fee is shown before you pay and depends on the gift amount. It is always included in the total at checkout.
• Based on what is sent. The fee is worked out again on the final gift amount, so if your recipient swaps for a less expensive gift, the fee may go down.
• No fee if cancelled. If a gift is cancelled or skipped before you are charged for it, no fee applies.
• Waivers. The fee is waived for Generous Plus members, and we may waive it in other cases, such as a promotion. A waived fee is shown at checkout.
• The fee is separate from the gift amount. It cannot be spent on the gift or applied to a swap.

Autogift

Autogift sends a gift for an occasion you choose, such as a birthday, automatically every year until you cancel it.

• Your authorization. When you set up Autogift for an occasion, you authorize Generous to save your card and charge it once a year for that occasion, up to the amount you choose, plus the service fee shown when you set it up. This authorization continues until you cancel it.
• How each year works. About 14 days before the occasion, we choose the gift and place the order. A few days before the occasion, we place an authorization hold on your card. On the day, your recipient gets the gift and can swap it with Gift Glimpse. We charge you for what is finally sent, up to the amount you authorized.
• Notice before each charge. About 14 days before the occasion, and again about 7 days before, we email you the gift we picked, the amount, and the date we will charge your card, with a link to the gift where you can swap it, skip that year, or cancel Autogift.
• Automatic choice. We choose the gift automatically, using our recommendation system, which uses artificial intelligence, and the details you have given us about your recipient. The gift will be within your amount.
• You stay in control. Before a gift is sent, you can swap it, skip that year, or cancel Autogift, from the gift or the occasion in your Generous account. If you skip or cancel before you are charged, you are not charged for that gift.
• If your card fails or is removed. If we cannot place the hold, for example because your card is declined, has expired, or was removed, we will email you so you can add a card. If it is not fixed in time, that year's gift may be late or may not be sent. You are not charged for a gift that is not sent.
• Changes need your consent. We keep a record of the authorization you agreed to, including its version and when you agreed. If we add or change a fee, or otherwise materially change the Autogift terms you agreed to, we will ask you to agree again before charging you under the new terms. Until you do, Autogift for that occasion is paused.

Generous Plus

Generous Plus is a paid membership. While you are a member, you pay no service fees on gifts you place.

• Price. Plus costs the price shown when you join, billed yearly. We charge your card when you join.
• Automatic renewal. Plus renews automatically every year, and we charge your card the renewal price on each renewal date until you cancel.
• Emails about your membership. After you join, we email you a confirmation with these terms and how to cancel. Before each yearly renewal, we email you a reminder between 15 and 45 days ahead, with the renewal date, the price, and how to cancel.
• How to cancel. You can cancel online at any time, in one step, from your account page. Cancelling stops the next renewal. To avoid being charged for another year, cancel before your renewal date.
• No refunds. When you cancel, Plus continues until the end of the period you have paid for. We do not give refunds or credits for unused time, except where the law requires.
• Price changes. If the price changes, we will tell you before the new price applies to your renewal, so you can cancel first if you choose.
• If a renewal payment fails. We will email you and try again. If we still cannot charge your card, Plus ends and service fees apply to gifts you place after that. Gifts already placed keep their waiver.
• Complimentary Plus. We sometimes give Plus at no charge. We may end complimentary Plus at any time and will tell you by email. Gifts placed before then keep their waiver.

Promo Codes

We sometimes give out promo codes. Each code is single-use and worth up to the amount shown on it.

• A code applies to one gift or one Generous Plus charge, toward the total including any service fee. If the purchase costs less than the code's value, the unused part is forfeited.
• Codes have no cash value. They cannot be sold, exchanged for cash, or replaced if lost.
• A code may have an expiration date, and it may work only for an account with a specific email address.
• If a gift paid for with a code is cancelled before it is sent, the code is returned to you and can be used again before it expires. If a purchase is refunded, we refund only what you paid by card.
• We may void a code, or cancel a purchase it was used for, if the code was obtained or used fraudulently or in violation of these Terms.

Content and Intellectual Property

All content on the Generous platform, including text, images, logos, and software, is owned by or licensed to Generous and is protected by intellectual property laws. You may not use, reproduce, or distribute our content without our express written permission, except as necessary for personal, non-commercial use of the site.

User-Generated Content

If you submit content (such as reviews, comments, or feedback), you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute that content in connection with our services.

You are responsible for the legality and accuracy of any content you submit and must not upload anything that violates the rights of others or applicable laws.

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Generous disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the services will be uninterrupted, secure, or error-free, or that the content is accurate or complete.

Gift Recommendations and Automatic Picks

Generous uses artificial intelligence to suggest gifts, to answer questions in gift chat, and, with Autogift, to choose gifts for you. These are suggestions based on the information available to us. They may be inaccurate or not to your recipient's taste, and we do not guarantee that any gift will suit your recipient. Please review what we suggest or pick before it is sent.

Third-Party Fulfillment and Redemption

Gift cards are issued by the brand named on the card and are subject to that brand's terms. When Generous sells you a gift card, we obtain it from the brand or an authorized distributor and deliver it to your recipient. After delivery, redemption, balances, expiration, and acceptance of the card are controlled by the issuing brand, and Generous is not liable for a brand's failure to honor a card. If a card we sold does not work when it is delivered, contact us and we will help resolve it with the brand.

When a merchant is the seller, the merchant is responsible for the product, its delivery, returns, and customer support, and Generous is not responsible for those. We are glad to help you reach the merchant.

Limitation of Liability

To the extent permitted by law, Generous and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the services.

Our total liability to you for any claim arising from the use of our services shall not exceed the greater of $100 or the amount you paid us in the 12 months prior to the claim.

Indemnification

You agree to indemnify and hold harmless Generous and its affiliates from any claims, damages, or expenses (including legal fees) arising from your use of the services or your violation of these Terms.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules. Any disputes shall be resolved exclusively in the state or federal courts located in Arizona.

Modifications

We reserve the right to modify these Terms at any time. If changes are material, we will notify you through the platform or via email. Your continued use of the services after any changes indicates your acceptance of the updated Terms. Changes that affect an Autogift authorization take effect for that Autogift only once you agree to them, as described in the Autogift section.

Contact Us

For questions about these Terms, please contact:

Generous
2225 North Gemini Road
Suite W3 Mailbox 18
Flagstaff, AZ 86001

hello@meetgenerous.com