Last Updated: January 21, 2025
Welcome to Namedraw. These Terms of Service ("Terms") govern your access to and use of Namedraw's gift exchange platform and services. By accessing or using our service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our service.
By creating an account, accessing, or using Namedraw (the "Service"), you agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated by reference into these Terms. These Terms constitute a legally binding agreement between you and Namedraw.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance of these Terms will be treated as acceptance by that organization.
Namedraw is an online platform that facilitates gift exchanges and name drawing for groups. Our service provides tools to:
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you.
You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
To access certain features of the Service, you must register for an account. When you register, you agree to:
You are responsible for all activities that occur under your account, whether or not you authorized such activities. We are not liable for any loss or damage arising from unauthorized use of your account.
You agree to use the Service in compliance with these Terms and all applicable laws. You agree NOT to:
We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.
You retain ownership of all content and data you submit to the Service ("User Content"), including exchange information, participant details, gift preferences, and other information.
By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, store, modify, and display your User Content solely for the purpose of providing and improving the Service.
You represent and warrant that:
You are solely responsible for your User Content. We do not endorse or assume any responsibility for User Content submitted by you or other users.
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
Please note that when you create or participate in gift exchanges, certain information (such as your name, email, and gift preferences) may be visible to other participants in the exchange. You are responsible for understanding what information is shared when you participate in exchanges.
The Service and its original content (excluding User Content), features, functionality, design, graphics, logos, and software are owned by Namedraw and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use.
You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on the Service or any part thereof without our prior written consent.
The "Namedraw" name and logo are trademarks of Namedraw. You may not use these trademarks without our prior written permission.
The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Namedraw. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
We use certain third-party services to provide and improve our Service, including:
Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the actions or policies of these third-party providers.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
NAMEDRAW DOES NOT WARRANT THAT:
WHILE WE STRIVE TO ENSURE FAIR AND RANDOM NAME DRAWINGS, WE MAKE NO GUARANTEES ABOUT THE RANDOMNESS ALGORITHM OR THE ABILITY TO SATISFY ALL CONSTRAINTS IN COMPLEX SCENARIOS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAMEDRAW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NAMEDRAW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL NAMEDRAW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO NAMEDRAW IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Namedraw, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will cooperate with our defense of such claims.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:
You may terminate your account at any time by following the account deletion process described in our Account Deletion page.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
You may request deletion of your account and associated data at any time. When you delete your account:
For detailed information on the account deletion process and data retention, please visit our Account Deletion page or refer to our Privacy Policy.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
You agree that any arbitration or legal proceedings shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will:
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may delete your account.
It is your responsibility to review these Terms periodically for changes. We will indicate the date of the most recent updates at the top of this page.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Namedraw.
These Terms, together with our Privacy Policy and any other policies or guidelines posted on the Service, constitute the entire agreement between you and Namedraw regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
You may not assign or transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our prior written consent. We may assign or transfer these Terms or our rights and obligations at any time without restriction and without notice to you.
If you have any questions, concerns, or feedback about these Terms of Service, please contact us at:
Email: hello@namedraw.app
We will make every effort to respond to your inquiry in a timely manner.
By using Namedraw, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for using Namedraw to make your gift exchanges fun, fair, and memorable!