Terms of Use

These Terms of Use ("Terms") are an agreement between you and Nordighund LLC ("Nordighund LLC", "we", "us"), the developer of Gather, and govern your access to and use of the Gather app and website and the services they connect to (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you don't agree, don't use the Service.

Gather is a shared space for a family's holidays: gatherings and travel plans, wishlists, gift exchanges, jobs, recipes, and photos. How we handle your information is described in our Privacy Policy.

Eligibility

You must be at least 13 years old to create a Gather account, and if you're under the age of majority where you live, you need a parent's or guardian's permission. Younger kids don't get accounts: a parent can add them to the family and look after their wishlist, and in doing so the parent agrees to these Terms on their behalf.

License to Use the App

Subject to your compliance with these Terms and the rules of the app store you got Gather from (including Apple's Usage Rules in the App Store Terms of Service), Nordighund LLC grants you a limited, non-exclusive, non-transferable, revocable license to download and use Gather on devices that you own or control, and to use the Gather website, for your personal, non-commercial use. All rights not expressly granted to you are reserved.

Accounts and Families

• Keep your password to yourself. You're responsible for what happens under your account.
• Whoever starts a family is its admin: they can invite and remove members, rename the family, change its join code, plan gatherings, and start gift exchanges.
• Anyone with a family's join code or invite link can join that family, so share them only with people you want in it. The admin can make a new code at any time.
• Everyone in a family can see what's shared with it, and your wishlist is shared with every family you belong to. The Privacy Policy describes exactly who sees what.

Your Content

You own what you add to Gather — wishes, travel plans, recipes, photos, and the rest. You give Nordighund LLC a limited license to store, copy, resize, and display it to the people you've shared it with, solely to run the Service. That license ends when you delete the content or your account, except for content you added to a family that stays with the family as described in the Privacy Policy.

Using Gather Responsibly

When you use Gather, you agree not to:

• Add anything unlawful, harassing, or hateful, or anything that infringes someone else's rights — including photos and recipes you don't have the right to share.
• Add information about other people, such as kids or travel details, that you don't have their (or, for a kid, their parent's) permission to share.
• Join a family you don't belong in, or use Gather to send spam.
• Try to break, overload, or get around the security of the Service, or access accounts or families that aren't yours.

If someone in your family breaks these rules, your family's admin can remove them, and you can tell us at [email protected].

Gifts and Other Sites

Gather doesn't sell anything. Wishlist links point to other stores and sites, and flight numbers link to FlightAware; those sites, and any purchase you make on them, are governed by their own terms, and we're not responsible for them. Product photos and prices on a wishlist are found automatically or entered by your family and may be out of date. Gift exchange draws are random, and claimed-and-bought markers are only as accurate as the people who set them.

If you import from Google Photos, your use of Google Photos is governed by Google's terms.

Notifications and Email

Gather sends email for sign-in and password links, family invites, gift exchange draws, and family activity, and push notifications in the iPhone app if you allow them. You can turn off push notifications in your device's Settings.

No Purchases

Gather is free. It has no in-app purchases or subscriptions, and no ads.

Termination

You may stop using Gather at any time, and you can delete your account in the app from the Family page (Delete my account). We may suspend or terminate your access to the Service at any time, for any reason, including a violation of these Terms or our decision to discontinue the Service. Sections of these Terms that by their nature should survive termination — including disclaimers, limitations of liability, and governing law — will survive.

Apple App Store Terms

If you obtained Gather through the Apple App Store, the following additional terms apply. In the event of a conflict between this section and any other part of these Terms, this section controls with respect to Apple.

• This Agreement is between you and Nordighund LLC only, not Apple, and Apple is not responsible for the Service or its content.
• The license above is limited to a non-transferable license to use Gather on an Apple-branded product that you own or control, as permitted by the App Store's Usage Rules.
• Nordighund LLC is solely responsible for providing any maintenance and support for Gather, to the extent required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support.
• Gather is provided "AS IS," without warranty of any kind. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Nordighund LLC, not Apple, is responsible for addressing any claims by you or a third party relating to Gather, including product liability claims, claims that Gather fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• In the event of a third-party claim that Gather infringes that party's intellectual property rights, Nordighund LLC, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party agreement when using Gather (for example, your wireless data service agreement).
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Nordighund LLC's contact information for these Terms is [email protected].

Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that emails and notifications will arrive.

Limitation of Liability

To the maximum extent permitted by law, Nordighund LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising out of or related to your use of the Service, even if advised of the possibility of such damages. Nordighund LLC's total liability for any claim arising out of these Terms or the Service will not exceed the amount you paid us to use Gather in the 12 months before the claim arose, which — since Gather is free — is zero. Some jurisdictions don't allow these limitations, so some of them may not apply to you.

Indemnification

You agree to indemnify and hold Nordighund LLC harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of your use of the Service, your content, or your violation of these Terms.

Governing Law

These Terms are governed by the laws of the United States, without regard to its conflict-of-laws principles, except where Apple's own terms control as described above.

Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will update the effective date at the top of this page and, where appropriate, notify you by email or in the app. Continuing to use Gather after a change takes effect means you accept the updated Terms.

Contact Us

Questions about these Terms? Email us at [email protected]. See also our Privacy Policy.