1. Acceptance and eligibility
You accept these Terms when you affirmatively agree through a screen or agreement that clearly identifies and links them. If you act for a Merchant or another organization, you represent that you have authority to bind it. Merely receiving a gift invitation does not make you a party to these Terms.
The Services are offered only for use in the United States by U.S. Merchants, Senders and Recipients. Gift delivery is limited to eligible U.S. addresses displayed or accepted by the gift experience. You must be at least 18 years old and legally able to enter this agreement. Do not submit personal information about children or use the Services for unlawful gifts.
Our Privacy Policy explains how information is handled. Acknowledging that notice is not blanket consent to marketing or to all processing. A separately signed merchant agreement controls if it expressly conflicts with these Terms. An applicable data-processing addendum controls on processing of personal information, and the Merchant’s Shopify-approved plan controls on its specific fees and billing period.
2. What PorchPost provides
PorchPost provides gifting software. The Merchant identified in the gift experience is the seller of the goods and receives the purchase through its Shopify checkout and payment arrangements. PorchPost does not manufacture, own or physically ship those goods and does not hold gift-purchase funds as an escrow service. PorchPost facilitates order updates, recipient communications and other supported operations on the Merchant’s behalf.
The Merchant is responsible for its products, descriptions, safety, warranties, lawful sale, taxes, delivery, returns, refunds and gift-card obligations. Its purchase policies apply to the goods, subject to applicable law. Product and order complaints should first be directed to the Merchant; problems with PorchPost’s software or handling of information may be directed to us. These allocations do not exclude liability or duties the law independently imposes on PorchPost.
3. Gift purchase claim and delivery
Before purchasing, review the Merchant, selected item, gift mode, recipient information, total charge and disclosed claim conditions. You are responsible for supplying accurate information and having a lawful basis to provide another person’s contact details. You may not send gifts to harass, impersonate, defraud or evade a person’s request not to be contacted.
Depending on the options offered, a Recipient may receive the selected item or choose from the eligible options shown. A gift purchase does not reserve physical inventory indefinitely. Availability and eligible delivery destinations are checked when the gift is claimed. If an option is unavailable, the gift may require another available permitted choice or assistance from the Merchant; PorchPost does not authorize an undisclosed substitution.
The Recipient must provide a complete, accurate delivery address and any other information reasonably required to fulfill the gift. The Recipient’s address is shared with the store to ship the gift and will appear on the Sender’s order. Gift links should be kept private because possession of a valid link may permit access to or action on the gift.
Delivery dates are estimates unless the Merchant expressly offers a binding commitment. The Merchant and its delivery providers manage shipping and delivery issues. Fraud review, incorrect information, unavailable stock, service interruptions or unsupported addresses can delay a gift. We do not guarantee delivery of an email invitation or that a Recipient will claim the gift. These provisions do not remove applicable consumer delivery, cancellation or refund rights.
4. Unclaimed gifts, gift cards and refunds
The gift experience identifies the claim deadline and available alternatives. The standard claim window is 30 days from payment, although payment review may extend it as shown in the gift experience. A Recipient may choose a Merchant store gift card instead of the item. An eligible gift that remains unclaimed after its deadline also converts to a Merchant store gift card for the item value, issued to the Recipient. The card is for use with that Merchant; it is not a PorchPost wallet balance. A gift still awaiting payment or fraud review may require Merchant resolution rather than automatic conversion.
A deadline for selecting or claiming an item is different from an expiration date for gift-card funds. Nothing in these Terms forfeits value or limits cash redemption, refunds or other rights required by applicable gift-card, consumer or unclaimed-property law. The Merchant’s gift-card terms must be disclosed before purchase and comply with applicable law.
For gifts sold under the Estimated tax settlement terms, the unused estimate is refunded to the original payment method after settlement, and the entire estimate is refunded if the gift declines or expires into a store gift card. The store gift card covers the item value, not that estimate. Processing or card-delivery failures may require support and do not extinguish the relevant obligation.
Product returns, order cancellations and other purchase refunds are handled under the Merchant’s disclosed policies and applicable law. Refunds to a payment method ordinarily go to the original purchaser. Receiving a gift does not give a Recipient access to the purchaser’s billing or payment details. Nothing here replaces a refund required by law with store credit.
Gifts purchased under earlier settlement disclosures retain the terms shown and accepted at that purchase, subject to applicable law. The Estimated tax refund terms described here apply to gifts sold under those Estimated tax terms and do not retroactively change an earlier disclosed settlement arrangement.
5. Prices estimated tax and shipping
The Merchant’s checkout and gift review disclose the item price and other amounts payable before the Sender purchases. For a gift offered under Estimated tax settlement terms, the initial amount is an estimate because the delivery destination is not yet known. Once the Recipient provides an eligible address, the amount is settled using the applicable destination calculation; any unused estimate is refunded to the original payment method. If the calculated amount exceeds the estimate, the Merchant absorbs the shortfall. PorchPost does not charge the Recipient an additional amount to claim that gift.
Shipping terms are those clearly disclosed before purchase. The current standard supported flow uses Merchant-funded shipping to eligible destinations. A Merchant must not advertise delivery options or shipping charges that the enabled gifting flow does not support. Gift prices may be visible through the Merchant’s product pages, order communications or systems; PorchPost does not guarantee that a Recipient will never see a price. Purchaser billing and payment details are not part of the recipient claim experience.
6. Accounts permitted use and content
Keep account information accurate, protect sign-in credentials and private gift links, and promptly report suspected unauthorized access. Merchants are responsible for assigning appropriate access to their personnel and removing it when no longer needed. No user may access another store’s or person’s information without authority, bypass security controls, introduce malicious code, overload the Services or misuse the Services for unlawful or deceptive activity.
PorchPost and its licensors retain rights in the Services. Subject to these Terms, you may use them for their intended purpose, including an authorized Merchant’s commercial gifting operations. You retain rights in content you provide, such as branding and gift messages. You grant us the limited rights needed to host, process, transmit and display that content to deliver and support the Services. This grant does not permit unrelated advertising with private gift content or override privacy obligations.
You must have the rights needed to provide content and authorize its use. Do not include unlawful, infringing, abusive or unnecessary sensitive content. We may use voluntarily provided product feedback to improve the Services without payment, but that permission does not make confidential business information or personal information public.
7. Merchant responsibilities and billing
This section applies only to Merchants. You authorize PorchPost to perform the supported Shopify operations necessary to carry out your enabled gifting configuration and lawful instructions, including order updates, gift-card issuance and applicable settlement refunds. Access permissions do not authorize unrelated store changes. You must maintain the necessary Shopify access and promptly handle operational exceptions that need your attention.
You are responsible for lawful products and accurate storefront disclosures; required consumer notices and consents; product claims and fulfillment; appropriate rights to customer information; the recipients and purposes of communications you request; and your tax, accounting, gift-card and refund obligations. You must give customers a working contact route and use received information only as permitted by law. You may not use the Services for regulated or age-restricted products unless PorchPost expressly supports the category and the required safeguards have been established.
Compatibility depends on your store’s integrations and fulfillment systems. A fulfillment application that acts on an order before claim or fails to receive later edits may require resolution before gifting can be enabled. You must cooperate in confirming compatibility and respond to disclosed exceptions. This does not transfer responsibility for PorchPost’s own software errors to you or require you to change store settings as a workaround.
Your subscription price, recurring billing period, per-gift rate, included allowance and usage cap are the terms you approve through Shopify or an applicable signed agreement consistent with Shopify’s requirements. A recurring subscription renews for successive billing periods until cancelled. A gift counts toward usage when Shopify confirms successful buyer payment, whether or not the Recipient later claims it. Eligible gifts within an agreed included allowance do not incur an additional per-gift charge. Shopify test orders do not count. No trial is included unless expressly offered in your approved plan.
A properly earned per-gift fee remains earned if a gift is later refunded or expires, except for billing errors, agreed adjustments or amounts refundable by law. Merchant software fees are separate from the Merchant’s obligations to purchasers and recipients. Material billing changes requiring Shopify approval take effect only through that approval process; these Terms do not authorize an undisclosed price increase or a charge beyond the approved arrangement.
To stop future Shopify subscription billing cycles, uninstall PorchPost from your Shopify admin under Settings → Apps. Charges already incurred may still appear on a later Shopify invoice. Merely ceasing use or turning gifting off does not cancel the subscription. Contact support@porchpost.io about a billing error, credit or refund. Any express refund or proration commitment in your approved plan and any refund required by applicable law remain effective. Resolve outstanding gifts before uninstalling, because removing the app interrupts gift processing and recipient access.
When PorchPost processes customer information on a Merchant’s behalf, the Merchant instructs us to use it to provide and support the enabled gifting services. Each party remains responsible for the privacy and security duties applicable to it. A separate data-processing agreement, if entered into, governs that processing and controls in a conflict. Contact support@porchpost.io for any additional data-processing terms required for your business before submitting information subject to those requirements.
8. Suspension termination and service changes
We may restrict or suspend access when reasonably needed to address unlawful activity, material breach, nonpayment, a security threat, loss of required provider access or a legal requirement. Where practicable and appropriate, we will give notice and an opportunity to resolve the issue. We may act promptly when delay would create material harm or violate law.
We may change or discontinue features with reasonable notice where practicable. A separately agreed service commitment remains enforceable according to its terms. Suspension, termination or uninstalling the app can interrupt automation; Merchants remain responsible for resolving outstanding gifts and customer obligations. We will reasonably cooperate in a lawful transition subject to retained access, security and the applicable data-processing agreement. Termination does not erase accrued payment obligations or non-waivable consumer rights.
9. Service warranties and limitations
TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR EXPRESS COMMITMENTS IN A SEPARATE AGREEMENT, THE SERVICES ARE PROVIDED AS AVAILABLE AND WITHOUT IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE, UNIVERSAL COMPATIBILITY WITH THIRD-PARTY SYSTEMS, OR A PARTICULAR COMMERCIAL RESULT.
Nothing in these Terms disclaims an express commitment we make, a legal duty that cannot be disclaimed, or consumer rights that applicable law makes mandatory. Third-party outages do not automatically excuse every obligation PorchPost may have under law or an agreed service commitment.
10. Limits on liability
To the extent permitted by applicable law and subject to the exceptions below, PorchPost is not liable for indirect, incidental, special, exemplary or consequential damages, or lost profits or business opportunities, arising out of the Services. A loss is not excluded merely because it involves data or a gift transaction; applicable law and the nature of the loss govern.
For a Merchant’s claims, PorchPost’s total liability arising out of the Services is limited to the greater of US$1,000 and the PorchPost service fees paid or payable by that Merchant for the affected Services in the 12 months before the event giving rise to the claim. Gift-purchase amounts paid to a Merchant are not PorchPost service fees.
For a Sender’s or Recipient’s claims relating to a gift, PorchPost’s total liability arising from that gift is limited to the greater of US$100 and the amount paid for the gift, including by the Sender where the claimant is the Recipient. For other individual users’ claims arising from the Services, the limit is US$100. These provisions do not limit a Merchant’s refund obligation or permit retention of money that must be refunded by law.
These exclusions and limits apply to claims in contract, tort or otherwise, to the extent permitted by law. They do not apply to fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, or liability that applicable law does not permit us to limit. Mandatory rights and remedies remain available. Any different liability allocation in an applicable separately signed agreement controls.
11. Merchant indemnification
To the extent permitted by law, a Merchant will defend PorchPost against a third-party claim arising from the Merchant’s unlawful products or materially misleading product claims, infringement by content the Merchant supplied, unlawful data or communication instructions, or material breach of these Terms, and will pay resulting damages and reasonable defense costs finally awarded or agreed in settlement. This obligation applies only to the extent caused by the Merchant’s conduct and does not cover PorchPost’s own breach, negligence or misconduct.
PorchPost must promptly notify the Merchant of the claim, with delay excusing performance only to the extent it materially prejudices the defense; allow a reasonable defense using qualified counsel; and reasonably cooperate at the Merchant’s expense. A settlement cannot impose an admission, nonmonetary obligation or unreimbursed payment on PorchPost without its consent, which will not be unreasonably withheld. This section applies to Merchants, not gift recipients merely receiving a gift.
12. Disputes and governing law
Please send a dispute to support@porchpost.io describing the issue and requested resolution. We will attempt in good faith to resolve it with you. You may use small-claims court, report a matter to a regulator or seek urgent relief without completing an informal process. This request for discussion does not shorten a legal filing deadline or waive a right to seek relief.
These Terms are governed by Nevada law, without regard to its conflict-of-law rules, except that mandatory protections of applicable law remain available. Subject to those protections, disputes may be brought in the state or federal courts located in Clark County, Nevada, and the parties consent to their jurisdiction. Consumers retain any right to bring claims in their home jurisdiction or another forum required by applicable law. These Terms do not require arbitration or waive a right to participate in a class action.
13. Changes and general provisions
We will identify changes to these Terms by an updated effective date and provide reasonable advance notice of material changes where practicable. Changes requiring renewed assent or consent will take effect for you only after that requirement is met. Changes do not retroactively reduce accrued rights or alter an existing dispute without a valid agreement.
If a provision is unenforceable, the remaining provisions remain effective to the extent they can operate consistently with applicable law. Our failure to enforce a provision is not a waiver. A transfer of this agreement in connection with a business reorganization or sale does not reduce existing protections or override applicable assignment restrictions. Provisions that by their nature should survive termination do so, including accrued payment duties, applicable limits, lawful indemnification and dispute provisions.
14. Contact
IBT Development, doing business as PorchPost Email: support@porchpost.io Mail: 1575 W Horizon Ridge Pkwy, Henderson, NV 89012, United States