Terms of Service
Last updated: January 2025
Agreement to Terms
By accessing or using DearWinston ("the Service"), operated by Rainier Research LLC, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.
Description of Service
DearWinston is a personalized gift curation service. We analyze your preferences through conversations, connected services (such as Spotify and Pinterest), and other inputs you provide to curate and deliver surprise gifts tailored to your tastes or those of your intended recipients.
Eligibility
You must be at least 18 years old and capable of forming a binding contract to use this Service. By using DearWinston, you represent and warrant that you meet these eligibility requirements.
Account Registration
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
Orders and Payment
Pricing
Gift budgets are selected by you at checkout. A 10% curation fee is added to your selected budget to cover our curation services. All prices are displayed in USD.
Payment Processing
Payments are processed securely through Stripe. By making a purchase, you authorize us to charge your payment method for the total amount of your order.
Order Fulfillment
Gift curation and delivery timelines vary. Your gift will be delivered as a surprise within the timeframe indicated at checkout (typically 14-90 days). The element of surprise is a core feature of our service.
Refunds
The 10% curation fee is non-refundable as it covers our curation services. The gift budget portion may be refundable if the gift is returned in accordance with the original retailer's return policy. Contact us for assistance with returns.
The Surprise Element
By using DearWinston, you acknowledge that our service is designed around the concept of "positive uncertainty" — you will not know exactly what gift you will receive or when it will arrive. This is intentional and core to our service. If you require certainty about gift contents or delivery timing, our service may not be suitable for you.
Connected Services
You may optionally connect third-party services (such as Spotify or Pinterest) to enhance our curation. By connecting these services, you authorize us to access certain data as described in our Privacy Policy. You may disconnect these services at any time through your account dashboard.
AI-Powered Interactions
Our service includes an AI-powered assistant ("Winston") that helps understand your preferences. While we strive to provide helpful and accurate responses, AI-generated content may occasionally be inaccurate or unexpected. Winston's responses do not constitute professional advice of any kind.
Prohibited Uses
You agree not to:
- Use the Service for any unlawful purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service
- Submit false or misleading information
- Use the Service to harass, abuse, or harm others
- Resell or commercially exploit the Service without authorization
Intellectual Property
The Service, including its original content, features, and functionality, is owned by Rainier Research LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT CURATED GIFTS WILL MEET YOUR EXPECTATIONS OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAINIER RESEARCH LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.
Indemnification
You agree to indemnify and hold harmless Rainier Research LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes shall be resolved through binding arbitration.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page. Your continued use of the Service after changes constitutes acceptance of the modified Terms.
Termination
We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. You may also delete your account at any time through your dashboard.
Contact Us
If you have questions about these Terms, please contact us at:
Rainier Research LLC
USA