thea

Thea — Terms of Use

Effective Date: August 25, 2026. These Terms replace any previous version.

Welcome to Thea. These Terms of Use ("Terms") are a binding agreement between you and Thea Gifting, Inc., doing business as Thea ("Thea," "we," "us," or "our"). They govern your use of givethea.com and everything we offer there (the "Service"). Please read them — they include important limits on our liability and, in Section 16, an agreement to resolve disputes by individual arbitration and a waiver of class actions and jury trials.

PLEASE READ SECTION 16 CAREFULLY. It requires most disputes between you and Thea to be resolved by binding individual arbitration instead of in court, and it waives your right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms — see Section 16.7.

By creating an account, clicking to accept these Terms, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you don't agree, please don't use the Service.

1. Who can use Thea

The Service is intended for adults 18 or older who reside in the United States and use Thea for personal, non-commercial purposes. Thea is built for a US audience — we don't direct it to, or design it for, people outside the United States, and we don't knowingly offer it to children. By using the Service you confirm you meet these requirements and that nothing in law bars you from agreeing to these Terms.

2. What Thea is — and isn't

Thea is a gift-recommendation and curation service. You tell us a little about a person you're shopping for, and we suggest products, help you save them to boards, and link you out to the retailers that sell them.

A few things to be clear about, because they matter:

  • Recommendations are generated by automated systems, including artificial intelligence. They're suggestions to help you shop faster — not advice, and not a promise that a product is right for you or your recipient.
  • Thea is not a store. We don't sell products, we don't take your payment for products, and we don't ship or fulfill anything. Every purchase of a product happens on a third-party retailer's own website, under that retailer's terms.
  • Prices, availability, and product details shown on Thea come from third parties and change constantly. Always confirm the current price and details on the retailer's site before you buy.

3. Automated recommendations — please use your judgment

Because our recommendations are automated, they may be inaccurate, incomplete, out of date, or simply not a good fit. Product images, descriptions, prices, and availability may be wrong or stale. You are responsible for reviewing any product — and its price, specifications, safety, and suitability — on the retailer's website before purchasing. Nothing on Thea is professional advice of any kind.

4. Your account

You can browse Thea without an account, and you can create one — using your Google or Apple account, or an email and password — to save your boards and set reminders. If you create an account:

  • Give us accurate information and keep it current.
  • You're responsible for activity that happens under your account — keep your login credentials secure and don't share them.
  • One person per account; don't share it or let someone else use it to impersonate you.

We may suspend or close an account that violates these Terms or that we reasonably believe is being misused.

5. Affiliate links and how Thea makes money

Thea's core features are free, and we earn affiliate commissions: when you click a link on Thea and buy something at a retailer, we may receive a commission from that retailer, at no additional cost to you. (Some features require payment — see Section 6.)

  • We participate in the Amazon Associates Program. As an Amazon Associate I earn from qualifying purchases.
  • We work with other affiliate networks and retailers as well.

Commissions help keep Thea's core features free. They don't dictate our recommendations — our curation reflects our own editorial judgment about what makes a good gift — but you should assume that most outbound links on Thea are affiliate links.

6. Paid features and billing

Thea's core features are free. Some features require payment ("Paid Features") — for example, text-message (SMS) notifications and creating more than the number of boards included for free. The current free limits, the Paid Features on offer, and their prices are shown in the Service when you choose to buy.

  • Prices and charges. The price and billing terms are shown before you buy. By purchasing a Paid Feature, you authorize us and our payment processor to charge your payment method for the amount shown, plus any applicable taxes.
  • Subscriptions and automatic renewal. Some Paid Features are sold as subscriptions that renew automatically at the end of each billing period (for example, monthly or yearly) at the then-current price, until you cancel. Before you subscribe, we'll clearly show the price, the billing frequency, that the subscription renews automatically, and how to cancel, and we'll obtain your consent to the recurring charge. Where the law requires it, we'll send renewal reminders.
  • Cancelling. You can cancel a subscription at any time from your account settings, or by emailing hello@givethea.com — cancelling is as easy as signing up. Cancellation takes effect at the end of the current billing period: you keep access to the Paid Feature until then, and you won't be charged again after that.
  • Refunds. Except where required by law, payments are non-refundable, and there are no refunds or credits for partial billing periods.
  • Price changes. We may change our prices. For subscriptions, we'll give you advance notice, and a new price applies to your next renewal — you can cancel before it takes effect if you don't agree.
  • Failed payments. If a charge fails, we may suspend or downgrade your Paid Features until payment succeeds.
  • If you downgrade or cancel. If you stop paying for a Paid Feature and you're over a free limit — for example, you have more boards than the free plan includes — we won't delete your content. Your existing boards and saved items stay available to view, but you may need to be within the free limits again (for example, by removing some boards) before you can create new ones, unless you resubscribe.
  • Payment processor. Payments are handled by a third-party payment processor. Your payment is subject to that processor's terms and privacy policy, and Thea doesn't store your full card details.
  • Taxes. Prices may not include sales or other taxes, which we may add where required.

7. Buying from third-party retailers

When you click out to a retailer, your purchase is solely between you and that retailer. Thea isn't the seller and isn't a party to that transaction. We're not responsible for:

  • the products themselves — their quality, safety, descriptions, or fitness for any purpose;
  • pricing, availability, taxes, shipping, or fulfillment;
  • returns, refunds, warranties, or customer service; or
  • the retailer's own website, terms, or privacy practices.

Any dispute about a product or a purchase is between you and the retailer. Their terms and privacy policy govern what happens on their site.

8. Information you enter about other people

To use Thea you'll enter details about the people you're shopping for — a name or nickname, a relationship, an age or birthday, interests, and notes. Some of those people may be children in your care.

  • You give Thea a limited license to use the information you enter to operate the Service for you — to generate and save recommendations, organize your boards, and send the reminders you set up.
  • You confirm that you have the right to provide any information you enter about another person (including a child in your care), and that entering it doesn't violate that person's rights or any law.
  • If you share a board with someone using a share link, you decide who receives that link — please only share information you have the right to share.

How we handle this information is described in our Privacy Policy.

9. Things you agree not to do

When using Thea, you agree not to:

  • scrape, crawl, harvest, or copy the Service or its content with bots or automated tools, except standard search-engine indexing we permit;
  • reverse-engineer, decompile, or try to extract our source code, models, or data;
  • circumvent, disable, or interfere with security or access controls, rate limits, paywalls, or the affiliate links (for example, by stripping or substituting affiliate tags);
  • use the Service for anything unlawful, infringing, deceptive, harmful, or abusive;
  • overload, disrupt, or attempt to gain unauthorized access to the Service or its systems; or
  • misrepresent your identity or your affiliation with anyone.

10. Our content and your license to use Thea

The Service — including our curation, editorial writing, gift-guide organization, carousel and board design, look and feel, logos, and the "Thea" name — is owned by Thea or our licensors and is protected by intellectual-property laws. Product images and descriptions belong to the retailers or brands they come from.

We give you a personal, limited, revocable, non-transferable license to use the Service for your own gift-shopping. You may not copy, modify, distribute, sell, or create derivative works from Thea's content without our permission.

Feedback. If you send us ideas or suggestions, we may use them freely, without any obligation to you.

11. The Service is provided "as is"

We work hard to make Thea useful, but we can't promise it's perfect. The Service and all content are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express or implied. To the fullest extent allowed by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, secure, or that any recommendation, price, or product detail will be accurate or meet your needs.

Some states don't allow certain warranty disclaimers, so parts of this section may not apply to you.

12. Limitation of liability

To the fullest extent permitted by law:

  • Thea and its officers, directors, employees, founders, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost data, or loss arising from a product you bought through a retailer link — even if we've been told such damages are possible.
  • Our total liability to you for all claims relating to the Service will not exceed the greater of (a) the amount you paid Thea in the 12 months before the claim (which may be $0 if you've used only free features) or (b) US $100.

Nothing in these Terms limits liability that can't be limited by law — such as liability for our own fraud, gross negligence, or willful misconduct, or any rights you have as a consumer that can't be waived. Some states don't allow certain limitations, so parts of this section may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless Thea and its officers, directors, employees, founders, and agents from any claims, damages, losses, and reasonable legal costs arising out of (a) your misuse of the Service, (b) your violation of these Terms or any law, (c) information you enter about another person, or (d) your infringement of anyone's rights. We'll let you know about any such claim and may take part in the defense with our own counsel.

14. Emails and text messages

When you create an account or ask us to, we'll send you transactional messages — like account and security messages (for example, password resets) and the reminders you set up — and, if you opt in, occasional marketing emails. You can unsubscribe from marketing emails at any time using the link in the email; we'll still send the transactional messages needed to run your account. Our email practices follow the CAN-SPAM Act and are described in the Privacy Policy.

Text messages (SMS). If you separately opt in to text-message notifications (a Paid Feature), you agree to receive recurring automated text messages from Thea at the mobile number you provide, for the notifications you set up. Consent to receive texts is not required to use Thea or to purchase any other product or service. Message frequency varies based on your settings, and message and data rates may apply. You can stop texts at any time by replying STOP and get help by replying HELP. Carriers are not liable for delayed or undelivered messages. You confirm that the mobile number is yours or that you are permitted to use it, and you'll update or remove it if that changes.

15. Suspending or ending your access

You can stop using Thea any time. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms, misuse the Service, or where we reasonably need to (for example, to protect the Service or other users). Sections that by their nature should survive — including those on affiliate links and paid amounts owed, the disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — continue to apply after your access ends.

16. Dispute resolution — arbitration and class-action waiver

Please read this section carefully. It affects how disputes between you and Thea are resolved, and it limits your rights.

16.1 Talk to us first

Most problems can be solved quickly. Before starting an arbitration, you agree to first contact us at hello@givethea.com with a short description of the dispute and what you'd like, and to give us 60 days to try to resolve it. This informal step is required before either of us starts an arbitration. The parties may agree in writing to extend this informal-resolution period.

16.2 Agreement to arbitrate

If we can't resolve a dispute informally, you and Thea agree that any dispute or claim relating to these Terms or the Service will be resolved by binding individual arbitration — not in court — except for the matters described in 16.4. This includes disputes about these Terms, the Service, our recommendations, our billing, our emails or texts, and our privacy or data practices.

16.3 How arbitration works

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (and, where they apply, its Mass Arbitration Supplementary Rules) in effect at the time, as modified by these Terms. The rules and filing instructions are at www.adr.org. The arbitration will be held in the US county where you live, or by phone or video, or by written submissions — whatever you choose. A single arbitrator will decide the dispute and can award the same individual relief a court could. Payment of filing and arbitration fees is governed by the AAA Rules and applicable law.

16.4 What's not covered

Either of us may still: bring an individual claim in small-claims court if it qualifies; or ask a court for an injunction or other relief to stop infringement or misuse of intellectual property or the Service. Filing such a claim doesn't waive the rest of this section.

16.5 Class-action and jury waivers

Disputes will be brought only in your or Thea's individual capacity — not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not combine more than one person's claims or preside over any class or representative proceeding. You and Thea also waive any right to a jury trial.

16.6 Coordinated filings

If 25 or more similar arbitration demands are filed by or with the help of the same lawyers or coordinated group, the demands will be administered under the AAA Mass Arbitration Supplementary Rules, including their staged-fee and process provisions, so the claims are handled efficiently and fairly. This section doesn't change your right to bring your own individual claim.

16.7 Your right to opt out

You can opt out of this arbitration agreement (Sections 16.2, 16.3, 16.5, and 16.6) by emailing hello@givethea.com with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms — for example, when you create your account, or, if you already have one, when you first use Thea after these Terms take effect. Include your name and the email on your account. Opting out won't affect any other part of these Terms, and it won't affect your use of Thea.

16.8 If part of this section can't be enforced

If the class-action waiver in 16.5 is found unenforceable for a particular dispute, then that dispute — and only that dispute — will proceed in court rather than as a class arbitration. The rest of this Section 16 still applies. If any other part of this section is found unenforceable, it will be severed and the rest will remain in effect.

17. Governing law and where disputes are heard

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act for Section 16. For any dispute not subject to arbitration, you and Thea agree to the exclusive jurisdiction of the state and federal courts located in Tennessee, except that either party may bring a qualifying claim in small-claims court in your home jurisdiction. Nothing in these Terms limits consumer-protection rights that cannot be waived under applicable law.

18. Changes to these Terms

We may update these Terms from time to time. When we do, we'll change the effective date at the top. If a change is material, we'll give you reasonable advance notice — by email or a notice in the Service — before it takes effect, and where the law requires it, we'll ask you to agree again. If you don't agree to a change, you can decline it by closing your account and stopping use of the Service before it takes effect. Continuing to use Thea after an update means you accept the updated Terms.

19. General

  • Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Thea about the Service and replace any earlier version.
  • Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
  • No waiver. If we don't enforce a right, that's not a waiver of it.
  • Assignment. You may not transfer these Terms. We may assign them — for example, in connection with a merger, acquisition, or sale of our business.
  • Force majeure. We're not responsible for delays or failures caused by events beyond our reasonable control.
  • Notices. We'll send legal notices to the email on your account; you can reach us at hello@givethea.com.
  • Headings are for convenience only and don't affect meaning.

20. Contact us

Questions about these Terms? Email us at hello@givethea.com.

Thea Gifting, Inc. (d/b/a Thea)