Terms of Service
Last updated August 22, 2026Welcome to Donumly. These Terms of Service ("Terms") are a binding agreement between you and Donumly LLC ("Donumly," "we," "us," or "our") governing your use of the Donumly website at https://donumly.com and our subscription gifting service (together, the "Services"). By creating an account, subscribing, or using the Services, you agree to these Terms. If you don't agree, please don't use the Services.
You can contact us anytime at hello@donumly.com or by mail at Donumly LLC, 506 Myrtle Ave, Boonton, NJ 07005.
We may update these Terms from time to time. If we make material changes, we'll give you at least 30 days' notice before the changes take effect — usually by posting a notice on the website and/or emailing you. Security updates, bug fixes, and changes required by court order may take effect immediately. Your continued use of the Services after changes take effect means you accept the updated Terms.
Table of Contents
- About Donumly
- Eligibility & Your Account
- Subscription & Billing
- Gift Fulfillment
- Cancellation & Refunds
- Recipient Information
- Prohibited Activities
- Intellectual Property
- Third-Party Links
- Termination
- Disclaimers
- Limitation of Liability
- Indemnification
- Dispute Resolution & Arbitration
- Governing Law
- Miscellaneous
- Contact Us
1. About Donumly
Donumly is a subscription gifting service that helps you never miss the moments that matter. For $39 per year, you add the important people and dates in your life — birthdays, anniversaries, holidays, and other meaningful occasions — and we handle the rest. We manually source and send curated physical gifts on your behalf, so your loved ones are remembered right on time, every time.
Donumly is intended for both personal use and internal business use. Our Services are provided to users in the United States.
2. Eligibility & Your Account
To use Donumly, you must be at least 18 years old and legally able to enter into a binding contract. By using the Services, you represent and warrant that you meet these requirements.
When you create an account, you agree to:
- Provide accurate, complete, and current information about yourself and your gift recipients;
- Keep your account information updated;
- Keep your password secure and confidential;
- Accept responsibility for all activity that occurs under your account;
- Notify us promptly at hello@donumly.com if you suspect unauthorized use of your account.
We may suspend or terminate your account if you provide inaccurate information, violate these Terms, or use the Services in a way we reasonably believe is harmful to us, other users, or third parties.
3. Subscription & Billing
Subscription Fee
Donumly charges a flat annual subscription fee of $39 USD per year. This fee is charged at signup and grants you access to the Services for one year from your signup date.
Auto-Renewal
Your subscription automatically renews every year on the anniversary of your signup date at the then-current annual price, unless you cancel before the renewal date. By subscribing, you authorize us to charge your saved payment method for the renewal fee each year.
Per-Gift Charges
Your $39 annual subscription covers our curation and fulfillment service. The cost of individual gifts is charged separately to the payment method on file at the time each gift is prepared for shipment. We'll show you the cost of a gift before charging you. If a charge fails, we'll notify you and pause fulfillment of that gift until payment is resolved.
Payment Methods
We accept Visa, Mastercard, American Express, and Discover, processed through Stripe. All payment card data is handled and stored by Stripe under their security standards. We do not store your full card number on our servers. Stripe's privacy policy is available at https://stripe.com/privacy.
Pricing Changes
We may change our subscription price or the pricing of the gifts we source. If we increase the price of your subscription, we'll notify you at least 30 days before the change takes effect on your next renewal, so you have time to cancel if you don't want to renew at the new price.
Taxes
Prices displayed do not include applicable sales tax. You are responsible for any taxes that apply to your purchase based on your billing address.
4. Gift Fulfillment
When you add a recipient and an occasion to Donumly, you're authorizing us to select, purchase, and ship a gift on your behalf on or around the date you specify. Here's how it works:
- Gift selection. We choose gifts based on the categories, preferences, and budget you provide. Final gift selection is at our discretion within those parameters.
- Sourcing. We purchase gifts from third-party retailers, artisans, and vendors on your behalf.
- Shipping. Gifts are shipped either via a tracked carrier (UPS, USPS, FedEx, or DHL) or through a local florist for arrangements. We'll notify you when a gift ships and provide tracking information when available.
- Timing. We aim to have gifts arrive on or before the occasion date. Delivery timing depends on shipping carriers, weather, holidays, and other factors outside our control. We are not liable for shipping delays caused by third parties.
- Substitutions. If a selected gift is unavailable or a vendor cannot fulfill in time, we'll substitute a comparable item of similar value at our discretion.
5. Cancellation & Refunds
Canceling Your Subscription
You can cancel your subscription anytime by logging into your account and using the cancellation option in your dashboard. Cancellation takes effect at the end of your current annual billing period — you'll continue to have access to the Services until then, and your subscription won't renew.
Subscription Refunds
Subscription fees are generally non-refundable once paid. If you cancel, you'll retain access through the end of your paid period but won't receive a prorated refund. If you believe you were charged in error, contact us at hello@donumly.com and we'll review your case in good faith.
Gift Issues
If a gift arrives damaged, doesn't arrive, or has a significant issue, contact us at hello@donumly.com within 14 days of the expected delivery date. At our discretion, we may issue a refund for the gift cost, arrange a replacement, or provide account credit. Because gifts are shipped directly to recipients, we do not accept physical returns of gifts.
Wrong Address or Missed Occasion Due to Subscriber Error
If a gift is delivered to a wrong address or misses an occasion because of inaccurate information you provided (wrong address, wrong date, etc.), we are not responsible for the cost of the gift or a replacement, though we'll do our best to help resolve the situation.
6. Recipient Information
When you add a gift recipient to Donumly, you provide us with their name, mailing address, and occasion dates. By providing this information, you represent and warrant that:
- You have a legitimate personal or business relationship with the recipient;
- You have the recipient's implicit or explicit permission to have gifts sent to them, or a reasonable good-faith basis to believe they'd welcome a gift from you;
- The recipient information you provide is accurate and up to date;
- You are not using Donumly to send unwanted gifts as a form of harassment, stalking, or other harmful conduct.
How we handle personal and recipient information is described in our Privacy Policy.
7. Prohibited Activities
You agree not to use the Services in any of the following ways:
- Using the Services to advertise, promote, or offer to sell goods or services to your recipients, or to use Donumly for backdoor marketing rather than genuine gifting;
- Selling, transferring, or otherwise providing access to your Donumly account to another person;
- Using the Services in violation of any applicable law or regulation;
- Providing false, misleading, or fraudulent information (about yourself, your payment method, or your recipients);
- Using the Services to harass, stalk, threaten, or harm any person, including sending unwanted gifts to individuals who have asked you to stop contacting them;
- Attempting to gain unauthorized access to the Services, other users' accounts, or Donumly's systems;
- Interfering with, disrupting, or attempting to compromise the security, integrity, or performance of the Services;
- Using automated tools (bots, scrapers, crawlers) to access the Services without our written permission;
- Reverse-engineering, decompiling, or attempting to derive the source code of the Services;
- Copying, reproducing, or republishing content from the Services for commercial purposes without our permission;
- Using the Services in any way that could damage, disable, overburden, or impair them.
We reserve the right to investigate suspected violations and to suspend or terminate accounts that violate these rules.
8. Intellectual Property
The Donumly name, logo, website, software, designs, and content (excluding user-provided content) are owned by Donumly LLC and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose — subscribing to and using our gifting service.
You may not copy, modify, distribute, sell, or create derivative works of any part of the Services without our written permission.
9. Third-Party Links & Services
The Services may contain links to third-party websites, products, or services that we don't own or control — including our payment processor (Stripe), email service providers, and the retailers we source gifts from. We are not responsible for the content, policies, or practices of any third-party sites or services. Your interactions with third parties are solely between you and them, and are governed by their own terms and privacy policies.
10. Termination
You may terminate your account at any time by canceling your subscription and requesting account deletion through hello@donumly.com.
We may suspend or terminate your account and access to the Services at our discretion, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraud or harmful conduct, or if we are required to do so by law. In cases of serious violations (fraud, harassment, security threats), termination may be immediate and without refund.
Upon termination, your right to use the Services ends immediately. Provisions of these Terms that by their nature should survive termination — including intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law — will survive.
11. Disclaimers
The Services are provided "as is" and "as available," without warranties of any kind, express or implied. To the fullest extent permitted by law, Donumly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
- The Services will be uninterrupted, error-free, or secure;
- Any specific gift will meet your or your recipient's expectations;
- Gifts will arrive on any specific date (shipping is subject to carrier performance and factors beyond our control);
- Any defects in the Services will be corrected.
You use the Services at your own risk.
12. Limitation of Liability
To the fullest extent permitted by law, Donumly LLC, its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, loss of goodwill, or emotional distress — arising from your use of the Services, even if we've been advised of the possibility of such damages.
Our total liability to you for any claim arising out of or relating to these Terms or the Services is limited to the amount you have paid to Donumly in the twelve (12) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. In those jurisdictions, our liability is limited to the greatest extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Donumly LLC and its owners, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Services;
- Your violation of these Terms;
- Your violation of any third party's rights, including recipients' privacy rights;
- Information you provided about recipients that turned out to be inaccurate, unauthorized, or used in a harmful way.
14. Dispute Resolution & Arbitration
Informal Resolution First
Before filing any formal dispute, you and Donumly agree to try to resolve the issue informally. If you have a concern, please email us at hello@donumly.com with a description of the problem and what you'd like us to do. We'll respond in good faith and try to resolve the matter directly. Both parties agree to engage in this informal negotiation for at least 30 days before initiating arbitration.
Binding Arbitration
If we can't resolve a dispute informally within 30 days, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration, not in court. Arbitration will be conducted in New Jersey, USA, before a single arbitrator, under the rules of the American Arbitration Association (AAA). The arbitrator's decision will be final and binding.
If the arbitration fees would be excessive relative to the amount in dispute, Donumly will pay the portion of the fees the arbitrator determines is excessive, to ensure arbitration remains accessible to you.
No Class Actions
You and Donumly agree that any dispute will be brought individually, not as a class action, collective action, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.
Exceptions
Either party may bring an individual claim in small claims court instead of arbitration, if the claim qualifies. Either party may also seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the Services.
Time Limit
Any claim you have against Donumly must be brought within one (1) year of when the claim arose, or it will be permanently barred.
15. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-laws principles. If any dispute proceeds in court rather than arbitration (as permitted above), the exclusive jurisdiction and venue will be the state and federal courts located in New Jersey, and you consent to personal jurisdiction there.
16. Miscellaneous
Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Donumly regarding the Services, and supersede any prior agreements.
Severability
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
No Waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision or any other. Any waiver must be in writing to be effective.
Assignment
You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, pandemics, labor disputes, shipping carrier failures, vendor failures, internet outages, government actions, or acts of war or terrorism.
No Agency
These Terms do not create any partnership, employment, or agency relationship between you and Donumly.
Electronic Communications
By using the Services, you consent to receive electronic communications from us — including account notifications, service updates, and legal notices — via email or through the Services. You agree that these electronic communications satisfy any legal requirement that communications be in writing.
17. Contact Us
Questions, concerns, or feedback about these Terms? We'd love to hear from you.