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DRAFT FOR ENRICO’S REVIEW

This page is a draft and is not legal advice. Items shown in yellow need Enrico’s confirmation before launch.

Terms of Use

Draft prepared November 4, 2026

These Terms of Use govern your use of Marked, operated by Caponero LLC. By creating an account or using Marked, you agree to these terms.

1. Who can use Marked

You must be at least 13 years old to use Marked. If you’re under the age of majority where you live, you need a parent or guardian’s permission. You need a Marked account to use the app, including to join a Secret Santa room.

2. Your account

Keep your sign-in details safe, and tell us if you think someone else has accessed your account. You’re responsible for what happens under your account.

3. Acceptable use

  • Don’t use Marked for anything illegal, harmful, harassing or misleading.
  • Don’t add information about other people that they wouldn’t expect or want shared.
  • Don’t try to break, overload, scrape or reverse engineer Marked, or access other people’s accounts.

4. Your content

You own the content you add (like people, dates, ideas and wishlists). You give us permission to store and display it as needed to run Marked, including showing it to the people you share it with.

5. Secret Santa and gift exchanges

Marked helps you organize a gift exchange: it draws names and holds wishlists and shipping addresses. Marked does not buy, sell, ship or deliver gifts, and isn’t responsible for gifts, purchases or deliveries between participants. Organizers are responsible for the rules of their own exchange.

6. Company calendars

If you create a company calendar, you’re responsible for having the right to add your coworkers’ information, such as birthdays and work anniversaries.

7. Affiliate links

[If Marked adds affiliate or shopping links (e.g. Amazon), disclose here that we may earn a commission; otherwise remove this section]

8. Ending your use

You can stop using Marked and delete your account at any time (see Delete your account). We may suspend or close accounts that break these terms.

9. Disclaimers and limits of liability

Marked is provided “as is”. We work hard to keep it running and accurate, but we can’t promise it will always be available or error-free, or that every reminder will arrive. To the extent allowed by law, Caponero LLC isn’t liable for indirect or consequential damages, and our total liability is limited to [amount, e.g. $100 or what you paid us in the last 12 months].

10. Changes to Marked and these terms

We may update Marked and these terms. We’ll post changes here and update the date above.

11. Governing law

These terms are governed by the laws of [State to confirm], without regard to conflict-of-law rules.

12. Contact

Email support@trymarked.com.