Gratos Consumer Terms of Service

Notice. Gratos is available by invitation while we add merchants city by city. This document is effective and applies to your use of the service. It will be reviewed by counsel and may be updated as the product develops; material changes will be notified as described in the Changes to these Terms paragraph in Section 12. Questions: support@gratos.ai.

Last revised: October 22, 2026

Welcome to the Consumer Terms of Service (these "Terms") for the Gratos platform at gratos.ai and its subdomains (the "Website"), the Gratos agent and any related applications (the "Apps"), and any services, content, tools, features and functionality offered on or through them (collectively, the "Services"), operated by Gratos Inc., a Delaware corporation ("Gratos", "we", "us", "our").

These Terms apply to individuals using Gratos for personal purposes. If you use Gratos for a business, your use is governed by a separate written agreement with Gratos, which controls where it conflicts with these Terms.

For purposes of these Terms, "you" and "your" mean you as an individual user of the Services.

Autonomous action. Section 3 explains that the Services take actions on your behalf, including placing orders with third-party merchants and accepting those merchants' terms. Read Section 3 before creating an account.

Arbitration and class action waiver. Section 11 contains an arbitration clause and a class action waiver. By agreeing to these Terms you agree to resolve most disputes through binding individual arbitration and to waive your right to participate in class actions. You may opt out as described in Section 11.

Who may use the Services
Your account
Using the Services
Information about gift recipients
Fees
Privacy and acceptable use
Rights we grant you
Ownership
Third-party services and materials
Disclaimers, limitations of liability and indemnification
Arbitration and class action waiver
Additional provisions
Transactional messages
Contact

1. Who may use the Services

You must be 18 years of age or older to use the Services. By using the Services you represent and warrant that you meet this requirement and that you are using the Services for your own personal, non-commercial purposes.

You may only create one account at a time unless we agree otherwise, and you may not create an account if we have previously removed or banned yours.

2. Your account

You agree to provide accurate, complete, and updated account information, and to keep your log-in credentials secure. You are responsible for all activity on your account. You may not let anyone else use your account. Notify us immediately at security@gratos.ai if you believe your account or credentials have been compromised.

You are responsible for the settings you choose, the recipients you save, and the payment card you link.

3. Using the Services

3.1 What Gratos is and is not

Gratos acts as your limited purchasing agent. When you authorize a gift, Gratos places the order with the merchant on your behalf and at your direction. You, not Gratos, are the purchaser.

Gratos is not the seller. The merchant is. Gratos does not take title to, warehouse, or resell goods. The merchant's terms, product descriptions, warranties, return policy, and refund policy govern each purchase.

Gratos is not a money transmitter, bank, or payment processor. Your card is charged by the merchant using a one-time payment credential issued through our payment partner. Gratos does not hold your money or merchant proceeds. Gratos's own service fee is described in Section 5 and is waived at this time.

Gratos does not give legal, tax, medical, or other professional advice, and you should not rely on anything the Services produce as a substitute for it.

3.2 Inputs, Outputs, and Actions

The Services use artificial intelligence to interpret your gift requests, select merchants and products, and complete purchases.

You may provide or make available to us, actively or passively, prompts, text, recipient information, and other materials ("Input"). The Services generate responses, suggestions, and other materials based on your Input ("Output") and take actions on your behalf ("Actions"). Input and Output are together "Materials".

By submitting Input, you represent that you have all rights, permissions, and authority necessary to submit it and to allow us to use it in connection with the Services, and that doing so will not violate anyone's rights or any applicable law.

3.3 Services we work with, and what you can unlink

The Services interact on your behalf with merchants' websites, our payment partner, and our messaging providers.

The only services you link to Gratos are your payment card and your phone number. You can unlink your card or your phone number at any time. Unlinking stops future use. It does not by itself delete data we already hold. To request deletion, follow the process in the Privacy Policy or contact privacy@gratos.ai.

3.4 Actions and appointment of agent

You authorize the Services to take Actions on your behalf that the Services determine are responsive to your Input and consistent with the gift you approved.

You hereby appoint Gratos as your agent to enter into agreements, commitments, and transactions on your behalf, and to confirm your acceptance of a merchant's or other third party's terms and conditions, in each case solely as necessary to complete a gift you have authorized. Any such agreement or commitment is binding on you as if you had entered into it directly. We will not use this authority to enter into any agreement or commitment beyond what is reasonably necessary to complete a gift you authorized.

When the Services make a purchase on your behalf, you agree that:

we are facilitating your interaction with the merchant by exchanging data with it on your behalf;
you authorize us to share relevant information with the merchant or its payment provider, including the payment credential issued for that purchase and the recipient's delivery details;
we are not processing payment for the purchase, you are the purchaser, and we are not the buyer, the seller, or otherwise a party to the transaction;
the purchase is subject to the merchant's terms, including pricing, fees, shipping, cancellation, and refund policies; and
disputes about the purchase are between you and the merchant.

3.5 Authorizing a gift

You approve the exact total of each gift before it is purchased. The total you approve is the merchant's price, plus the tax and shipping the merchant charges.

We check the total again at checkout. If the merchant's total at checkout differs from the total you approved by more than 3 cents, in either direction, we stop before paying and nothing is charged.

Your approval takes effect when you complete the payment authorization step. You can cancel a gift before we pay for it, as described in §3.5a. After a purchase completes it cannot be revoked.

What we record. We record an authorization for every gift: the account and user that approved it, how the approval arrived (in the app, in chat, or by text), any words you used, the approved amount, and the time.

Approving by text. You can start an approval by replying to our text. We then send you a link to finish authorizing payment, the same payment authorization step as in the app. Texted approvals are limited per day, and larger amounts need a code we text you.

For a texted approval we record your words, that the approval came by text, the amount, and the time. The approval is tied to the account your phone number is linked to.

Because a text message is not a secure channel and anyone holding your phone can send one, keep your phone locked and tell us at security@gratos.ai if it is lost. Under §3.7 we do not warrant the identity of the person operating an authenticated account or a linked phone number.

3.5a Gifts that happen later, and stopping one

Not every gift is purchased the moment you approve it. You can schedule a gift for a date, and a gift can sit in a queue waiting for its turn, for a merchant to be reachable, or for a recipient to give us a delivery address.

You can cancel a gift in the iOS app until we start paying for it.

You can also ask the agent to cancel a gift that is priced, approved, or scheduled, up to the moment we start paying for it. There are two exceptions:

A gift waiting on a recipient's address can be cancelled only in the iOS app, not by asking the agent.
A gift whose purchase attempt has failed cannot be cancelled in the app or by the agent. Write to support@gratos.ai for help with it.

While a gift is scheduled, queued, or waiting on an address, cancelling is immediate and nothing is charged.

After we pay for it, we cannot call it back. Once the purchase has gone through at the merchant, the gift is the merchant's order, and stopping or returning it is the merchant's process under §3.6. If you ask us to cancel and the purchase has already completed, we will tell you that rather than accept the cancellation silently.

The moment in between. A purchase can be in progress when you ask to cancel. We will stop if we can and tell you if we cannot. We do not guarantee that a cancellation sent while a purchase is executing will arrive in time.

Cancelling a gift does not by itself remove the recipient from your account or stop a different gift you have scheduled for the same person.

3.6 Purchases, delivery, and failures

Gift purchases may fail, be delayed, be partially fulfilled, or be cancelled by a merchant for reasons outside our control, including inventory, address problems, payment declines, age or eligibility restrictions, merchant policy, or changes to a merchant's site. Delivery estimates are estimates.

Returns, refunds, exchanges, damaged goods, and quality complaints are handled under the merchant's policies. We will make reasonable efforts to help but are not responsible for merchant conduct or product defects.

If a purchase fails after your payment method has been charged, we will use reasonable efforts to obtain a refund or reversal.

Commissions. A retailer may pay Gratos a commission when Gratos places an order with it. A commission does not change the price you pay the merchant or any fee under Section 5. What a retailer pays us never affects which gifts we show you or the order we show them in.

3.7 Responsibilities and acknowledgment of risks

Read this section. The Services act on your behalf and some Actions are not reversible.

The Services are not error-free. Output may be incorrect or incomplete, and the Services may err in their Actions, including choosing an unsuitable gift, an incorrect quantity, or the wrong recipient. Purchases and deliveries are often not reversible once complete.
Third-party content is untrusted. The Services read content written by people other than us and you, including merchant listings, product descriptions, reviews, and seller messages. That content can contain misleading instructions aimed at AI agents. A purchase still needs your approval of the exact total, and we stop if the checkout total does not match.
Unintended Actions are possible, including unintended purchases, purchases from an unintended merchant, and messages sent to a recipient or third party.
Output quality depends on what you give us. If the recipient information, address, budget, or instructions you provide are inaccurate or out of date, the resulting Action may be wrong.
You review what you approve. You are responsible for checking the gift, the recipient, the address, and the total before you approve, and for reviewing your activity.

What we do warrant about our controls. We will not execute a gift purchase without a recorded authorization meeting the requirements of Section 3.5, and the authorization record we keep accurately reflects the account and user that approved, how the approval arrived (app, chat, or text), the approved amount, and the time.

What we do not warrant. We do not warrant the identity of the person who operated an authenticated account or linked phone number; you are responsible for your credentials under Section 2. We also do not warrant that a merchant will honor the price or terms shown when you approved, or that your approvals or settings will prevent every unintended or erroneous Action.

4. Information about gift recipients

When you send a gift, you give us information about someone else. That person did not sign up for Gratos and in most cases does not know we exist.

You represent that, for every recipient whose information you give us, you:

personally know the recipient or have a genuine relationship with them;
have their permission, or a reasonable basis to believe they would not object, to share their name, delivery address, and contact details with us so that a gift can be sent;
are not knowingly providing information about anyone under 18, except to describe the occasion for a gift that is sent to an adult recipient, and the child's first name for the gift message (the claim link, our messages, and the delivery go to the adult); and
are not using the Services to contact, locate, monitor, or send anything to a person who has asked you not to.

Every recipient is an adult. Do not record a child as a recipient. To send a gift meant for a child, send it to an adult, such as the child's parent, who is then the recipient. Gratos does not knowingly contact anyone under 18.

Do not give us health information about a recipient. You can tell us ordinary preferences about a recipient: what they like, what they dislike, sizes, or that they eat vegetarian, vegan, or keto. You may not give us a recipient's allergies, medical conditions, health-related dietary restrictions, or other health information. See our Consumer Health Data statement at app.gratos.ai/health-privacy.

At this time we do not ask for, or record in anyone's profile, allergies, medical conditions or health-related dietary restrictions. If you type this information into a conversation anyway, the message stays in that conversation's history like any other message; write to privacy@gratos.ai and we will delete it. Lifestyle diets, such as vegetarian, vegan, or keto, are ordinary preferences.

What your recipient hears from us. Usually you send the claim link yourself, from your own phone. If you choose, we can email it, or text it if the recipient has already texted us. The link asks your recipient for a delivery address, and tells them: "We only use it to deliver gifts to you." We send these on your behalf and we identify you as the sender. We do not market to your recipients and we do not add them to any list of ours.

You will see the delivery address. You are the purchaser, so the address your recipient gives us goes to the merchant for delivery, and the merchant's order confirmation sent to you may show it.

Recipient rights. Your recipient can reply STOP to any text from us, and they do not need your agreement. A recipient can also write to privacy@gratos.ai or support@gratos.ai to ask us to correct or delete their information or to stop processing it. We handle these requests by hand, and we will honor them.

We do not use your information or your recipients' information to train AI models. Under the commercial API terms we use, our AI providers do not train on the content we send them.

5. Fees

What you pay the merchant. The price of the gift, plus whatever tax and shipping the merchant charges, goes from your payment method to the merchant. That amount is set by the merchant, not by us, and you see it before you approve. It is not a fee paid to Gratos.

What you pay us. Gratos charges a service fee for each order it places for you. You can pay as you go, at $3.99 per order, or subscribe to a plan that includes a set number of orders each billing period. Each plan's price, the number of orders it includes, its billing period, and how to cancel it are shown before you subscribe, and form part of these Terms when you do.

What an order is. An order is one merchant's cart. A gift with items from one merchant is one order. A gift with items from two merchants is two orders, and on pay as you go it carries two fees.

No fee at this time. We currently waive the service fee. Before we start charging, we will tell you the fee and how it is billed. Your first order after fees begin is free.

You see the fee before you approve. Any fee is shown to you before you approve a gift. A fee applies only to gifts you approve after we have told you about it, and never to gifts approved before that.

Fees are billed through our billing provider, Stripe, to the card you give it for fees. That card is separate from the payment credential used to pay the merchant.

Except where required by law, fees are non-refundable.

We may change our fee. A change takes effect when we notify you and applies only to gifts you approve after that; the fee in effect when you approve a gift is the fee charged for it.

6. Privacy and acceptable use

Privacy

Our Privacy Policy at app.gratos.ai/privacy describes how we handle personal information. Our Consumer Health Data statement at app.gratos.ai/health-privacy applies to consumer health data under Washington and Nevada law.

Acceptable use

You must not:

use the Services to purchase tobacco, nicotine, cannabis, CBD, firearms, ammunition, other weapons, prescription or controlled substances, or adult products;
knowingly send a gift for delivery to anyone under 18 (a gift for a child must go to an adult recipient);
send gifts intended to influence a government official or to violate any anti-bribery, anti-kickback, or gift-limit rule;
use the Services for resale, arbitrage, stockpiling, or any commercial purpose;
send unlawful, harassing, defamatory, threatening, or discriminatory gift messages;
use the Services to contact or send anything to someone who has asked you not to, or to anyone protected by a restraining or no-contact order against you;
provide recipient information you do not have the right to provide;
attempt to access another user's data, probe or circumvent security, or reverse engineer the Services;
use the Services for benchmarking, to build a competing product, or to train, distill, or fine-tune any AI model;
use any robot, spider, scraper, or automated process to extract data from the Services;
introduce malware or other harmful material into our systems; or
use the Services in violation of export control or sanctions law.

Alcohol gifts

You may send alcohol through Gratos where the merchant sells and ships it to the delivery address. By approving an alcohol gift, you represent that you are 21 or older and that, to your knowledge, the recipient is 21 or older. Do not send alcohol to anyone under 21, to anyone you know should not receive it, or to an address where its delivery is unlawful.

We complete the merchant's checkout relying on your representation. That includes answering, on your behalf, any age confirmation the merchant's checkout asks for.

Whether alcohol can be sold and shipped to an address, and any age or ID check at sale or delivery, are up to the merchant and its carrier. We do not promise that such a check takes place. Alcohol shipping is restricted by state law and by each merchant's own rules, so a merchant may refuse or cancel an alcohol order, and a carrier may return a package it cannot deliver to someone 21 or older. Section 3.6 applies.

7. Rights we grant you

Subject to these Terms, we grant you a personal, non-transferable, non-sublicensable, non-exclusive right to use the Services for your own personal use. We may modify the Services, and access may be interrupted for maintenance, updates, or other operational reasons.

Beta features

We may make features available on a test or beta basis. They are provided as is, may contain errors, and your use of them is voluntary and at your own risk. We may discontinue a beta feature at any time.

8. Ownership

We and our licensors own all right, title, and interest in the Services, including all software, models, harnesses, playbooks, product ontology, and preference infrastructure, and all improvements. Nothing in these Terms transfers ownership. The Gratos name, logo, and related marks are ours.

We do not claim ownership of your Materials. Because of the nature of AI, we make no representation that intellectual property rights will vest in any Output, and other users may receive similar or identical Output.

If you give us feedback or suggestions, we may use them without restriction or obligation, and you assign to us all rights in that feedback.

The Services generate diagnostic, technical, and usage data about how you interact with them. We may use and disclose that data in de-identified or aggregated form for any lawful purpose.

9. Third-party services and materials

The Services display, include, and depend on content and functionality from third parties, including merchants, payment partners, delivery carriers, and third-party AI model providers. Those services may change, be interrupted, impose their own terms, or become unavailable.

We are not responsible for examining or evaluating third-party materials and do not warrant or endorse them. Merchant product descriptions, images, pricing, availability, and policies are written by merchants, not by us.

10. Disclaimers, limitations of liability and indemnification

Disclaimers

Apart from the specific control warranties in Section 3.7, and to the maximum extent permitted by law, the Services, Outputs, and Actions are provided "AS IS" and "AS AVAILABLE." We and our affiliates, officers, directors, employees, agents, and licensors (the "Gratos Entities") disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that any purchase attempt, notification, or delivery will succeed. We make no warranty regarding merchants or their goods.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of liability

TO THE EXTENT NOT PROHIBITED BY LAW, THE GRATOS ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.

THE GRATOS ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN FEES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

For clarity, our fees are separate from the amounts you pay merchants for gifts. Amounts paid to a merchant are not fees paid to us.

Indemnification

You agree to defend, indemnify, and hold the Gratos Entities harmless from any claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of these Terms or any applicable law; (b) your violation of anyone's rights, including a recipient's; (c) your misuse of the Services; (d) your Input, your Actions, or your use of any Output; or (e) your negligence or willful misconduct.

11. Arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

Informal resolution first

Before starting arbitration, you and we agree to contact the other party in writing and make a good-faith effort to resolve the dispute, allowing 30 days to respond. This is a condition precedent to arbitration.

Agreement to arbitrate

After the informal process, any remaining dispute, controversy, or claim relating in any way to the Services, including threshold questions of arbitrability, will be resolved by final and binding individual arbitration administered by JAMS.

This arbitration agreement is expressly subject to the JAMS Consumer Arbitration Minimum Standards. The applicable JAMS rules are determined by JAMS under its own thresholds, and the Federal Arbitration Act governs arbitrability. A single arbitrator will apply the applicable substantive law and statutes of limitation. Judgment on the award may be entered in any court with jurisdiction.

Exceptions

These may be brought in court instead: claims within the jurisdiction of small claims court, brought individually; claims seeking only injunctive relief, including public injunctive relief; and intellectual property disputes.

Costs

Where you bring the arbitration, JAMS Consumer Arbitration Minimum Standards govern the allocation of fees, and we will pay all JAMS filing, administrative, and arbitrator fees beyond the consumer filing fee those standards set.

Class action waiver

You and we each agree that any proceeding will be brought only in an individual capacity and not as part of any class, consolidated, or representative action. You and we waive the right to participate as a plaintiff or class member in any class action. The arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding. You may still seek public injunctive relief to the extent authorized by law.

If this class action waiver is found unenforceable as to a particular proceeding, then the agreement to arbitrate is null and void as to that proceeding, which will proceed in court.

Opt out

You may opt out of this Section 11 by emailing legal@gratos.ai within 30 days of first agreeing to these Terms, with your name and the email address on your account. Opting out does not affect any other part of these Terms. If you opt out, we are not bound by this Section either.

12. Additional provisions

Termination. You may stop using the Services and close your account at any time. We may suspend or terminate your account, with or without notice, if we believe it creates legal, security, fraud, abuse, or operational risk, or if you breach these Terms. Sections 3.1, 3.4, 4, 8, 10, 11, and this Section 12 survive.

Changes to these Terms. We may update these Terms and will update the Last Revised date. If changes are material, we will make reasonable efforts to notify you, such as by email or a prominent notice in the Services. Continued use after the effective date constitutes acceptance. No amendment applies to a dispute for which arbitration has already been initiated.

Governing law and venue. These Terms are governed by the laws of the State of Washington, excluding conflict of laws rules. Where arbitration does not apply, the venue is the state and federal courts located in King County, Washington.

California residents. Under Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Export. You will not use or export the Services in violation of US export control or sanctions law, and you represent that you are not located in an embargoed country or listed on any US government restricted-party list.

Assignment. We may assign these Terms. You may not without our written consent.

Severability and waiver. If a provision is unenforceable, the rest remains in effect. Failure to enforce is not a waiver.

Entire agreement. These Terms, the Privacy Policy, and the Consumer Health Data statement are the entire agreement between us regarding the Services.

13. Transactional messages

If you provide contact information, you may receive service messages about gifts, approvals, address requests, verification, and account security. We send these as permitted by applicable law. We do not send marketing texts.

You may opt out of SMS at any time. Reply STOP to stop texts from us, and START to resume them. Senders with a linked phone number can reply HELP for help. STOP works from any number, whether or not it is linked to a Gratos account. A text that says only STOP, UNSUBSCRIBE, END, QUIT, CANCEL, STOPALL, REVOKE, or OPT OUT is treated as STOP. To cancel a gift by text, say which gift you want cancelled. Message frequency varies and message and data rates may apply. Wireless carriers are not liable for delayed or undelivered messages.

Certain service communications are necessary to operate the Services. If you opt out of SMS, we may continue to provide those notices through the Services, by email, or through other permitted channels.

Recipients receive only the messages necessary to deliver a gift or respond to a request from the person sending it, and may opt out at any time by replying STOP to a text from us or by writing to privacy@gratos.ai.

14. Contact

Gratos Inc. c/o Legalinc Corporate Services Inc. 131 Continental Dr, Suite 305 Newark, DE 19713

support@gratos.ai · privacy@gratos.ai · legal@gratos.ai · security@gratos.ai