overthought.gift

We overthink your gifts so you don't have to.

Terms of Service

Effective date: April 18, 2026 · Last updated: April 18, 2026

These Terms of Service ("Terms") form a binding agreement between you and BINDA'S FOODS, LLC, a New Jersey limited liability company located at 26 Sherwood Dr., New Providence, NJ ("overthought," "we," "us," or "our"). These Terms govern your access to and use of the overthought.gift website, services, emails, and any related features (collectively, the "Service").

By accessing or using the Service, submitting a gift request, or creating an account, you agree to be bound by these Terms and by our Privacy Policy and Affiliate Disclosure, each of which is incorporated by reference. If you do not agree, do not use the Service.

1. Eligibility

The Service is open to users of all ages, subject to the following rules:

  • If you are under 13 years old, you may not use the Service or submit any personal information. The Service is not directed to children under 13, and we do not knowingly collect personal information from them.
  • If you are a minor (typically between 13 and the age of majority in your jurisdiction, which is usually 18 in most U.S. states), you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use.
  • If you are in the European Economic Area, the United Kingdom, or another region with a minimum age of digital consent, you must be at or above that age (generally 16, though some countries allow as young as 13 with parental consent).

By using the Service, you represent and warrant that you meet these requirements, or that you have obtained the consent described above.

2. Accounts and Authentication

The Service uses passwordless, email-based one-time codes ("magic links" and 6-digit codes) to sign you in. You are responsible for keeping access to your email account secure and for all activity that occurs under your account. Notify us promptly at hello@overthought.gift if you suspect unauthorized use. You may use the Service as a guest for limited features without an account; account-only features (such as order history, calendar reminders, and additional brainstorms) require you to sign in.

3. Description of the Service

overthought.gift helps you brainstorm and discover gift ideas. The Service may include: (a) conversational intake and AI-assisted brainstorming based on what you tell us about the recipient; (b) curated gift options prepared by our team; (c) email delivery of recommendations, confirmations, and reminders; (d) a calendar for tracking birthdays, anniversaries, holidays, and other gifting occasions; and (e) links to third-party retailers where you can purchase recommended products.

We may add, change, suspend, or remove any feature of the Service at any time, with or without notice. Features and pricing described on the site are offered as-is and may change.

4. User Content and Information About Third Parties

When you use the Service, you submit content such as your gift request text, answers to our discovery questions, calendar events, notes, and feedback ("User Content"). User Content routinely includes personal information about third parties — for example, the name, age range, relationship, interests, hobbies, and occasions of the person you are buying a gift for (the "Recipient").

You represent and warrant that: (i) you have the right to share any information you submit, including information about a Recipient; (ii) your submission does not violate any other person's privacy, publicity, contractual, or other rights; (iii) you will not submit sensitive personal information (such as government identifiers, financial account numbers, precise geolocation, health information, or biometric data) about yourself or any Recipient; and (iv) you will not submit content that is unlawful, defamatory, harassing, discriminatory, or infringing.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, create derivative works of, process (including by our AI subprocessors), and display User Content solely to provide and improve the Service. This license ends when you or we delete the content, except for (a) copies retained for backup, legal, or audit purposes, and (b) anonymized or aggregated data that cannot reasonably be linked back to you.

5. Recommendations

Gift recommendations on the Service come from two sources: (a) generative AI, which brainstorms concepts, asks follow-up questions, and suggests products (sometimes using real-time web search); and (b) a human curator on our team, who reviews and selects options. We use reasonable effort to recommend products that match your request, but we make no guarantee that any recommendation will meet your expectations, be in stock, be appropriate for the Recipient, or be priced as shown.

AI-generated output can be inaccurate, incomplete, out of date, or entirely fabricated ("hallucinated"). Product names, prices, availability, retailer URLs, and descriptions may not match reality. Always verify details on the retailer's website before purchasing. All recommendations — whether generated by AI or selected by a human curator — are suggestions, not endorsements or guarantees, and are provided for informational purposes only. The Service does not constitute professional, financial, medical, legal, or any other form of advice.

AI-generated output is produced by automated systems without real-time human review and does not reflect our views, opinions, or editorial position. Although we and our AI provider apply reasonable content safeguards (including model-level safety filters), we cannot guarantee that AI output will always be accurate, suitable, or appropriate, and it may on rare occasions include content that is biased, offensive, or otherwise unsuitable. You are responsible for reviewing AI output before acting on it. If you are a parent or legal guardian permitting a minor to use the Service, you are responsible for supervising the minor's interaction with the Service, including any AI-generated content. If you encounter output you believe is inappropriate, please report it to hello@overthought.gift so we can review and, where appropriate, take action.

6. Affiliate Links and Off-Platform Purchases

We do not sell products directly. When you click a link in a recommendation, you are taken to a third-party retailer's website. That retailer — not overthought — is the seller of record. All purchases, payments, shipping, returns, warranties, refunds, taxes, and customer service are between you and the retailer, subject to the retailer's own terms and policies. We have no control over and are not responsible for the retailer's acts or omissions, including product quality, delivery, or data-handling practices.

Links to third-party sites may be generated or suggested with the assistance of AI and have not been individually vetted by us. We make no representation or warranty about the quality, accuracy, legality, safety, security, or service of any third-party site reached through a link on the Service. A linked site may be out of date, misattributed, fraudulent, or otherwise untrustworthy. You are responsible for evaluating the trustworthiness of any destination before clicking a link, navigating to the site, providing information, or completing a transaction. We disclaim all liability for your interactions with any third-party site, including any loss, damage, malware, fraud, or privacy harm that may result.

Some links are affiliate links, which may pay us a commission when you make a purchase, at no additional cost to you. See our Affiliate Disclosure for details.

7. Fees

The Service is currently offered free of charge. We reserve the right to introduce paid features, subscription tiers, or a per-request fee at any time. If we do, we will post the applicable pricing and obtain your agreement before charging you.

8. Acceptable Use

You agree not to:

  • Use the Service in violation of any law, regulation, or third-party right;
  • Submit content that is unlawful, harmful, harassing, defamatory, discriminatory, sexually explicit, or that exploits any person;
  • Submit another person's personal information without the right to do so;
  • Use the Service's search, brainstorm, or AI features for any purpose other than discovering a gift for a Recipient — for example, as a general-purpose AI assistant, for product research unrelated to gifting, for content generation, or for any unrelated commercial or personal research;
  • Attempt to probe, scan, reverse engineer, bypass, or interfere with the security or integrity of the Service;
  • Scrape, crawl, or bulk-extract data from the Service using automated tools without our prior written consent;
  • Use the Service to train a machine-learning model or build a competing product;
  • Impersonate any person, misrepresent your affiliation, or abuse our AI systems by attempting prompt injection, jailbreaks, or other manipulation; or
  • Transmit viruses, malware, or any code designed to harm the Service or its users.

9. Intellectual Property

The Service, including its software, design, text, images, and branding (but excluding User Content and third-party content), is owned by BINDA'S FOODS, LLC and its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes in accordance with these Terms.

"overthought" and "overthought.gift" are our trademarks. Third-party product names, logos, and trademarks shown in recommendations belong to their respective owners and are used for identification only.

10. Copyright and DMCA

If you believe material on the Service infringes your copyright, send a notice to hello@overthought.gift with: (a) your contact information; (b) identification of the copyrighted work; (c) the URL or location of the allegedly infringing material; (d) a statement of good-faith belief that use is not authorized; (e) a statement under penalty of perjury that your notice is accurate and you are authorized to act; and (f) your physical or electronic signature.

11. Termination

You may stop using the Service at any time. You can request account deletion by emailing hello@overthought.gift. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably believe your use creates risk or legal exposure for us, or if we discontinue the Service. Sections 4 (license), 5–6 (recommendations and off-platform purchases), 9 (IP), 12–16, and 18–20 survive termination.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT RECOMMENDATIONS WILL BE ACCURATE, SUITABLE, IN STOCK, OR PRICED AS SHOWN, THAT AI-GENERATED CONTENT IS CORRECT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OVERTHOUGHT OR ITS OWNERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US, IF ANY, FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations above may not apply to you in full. Nothing in these Terms limits liability that cannot be limited by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless overthought and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your breach of these Terms or applicable law; (c) your use of, or any transaction with, a third-party retailer; or (d) information you provided about a Recipient without the right to do so.

15. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Dispute Resolution; Arbitration; Class-Action Waiver

Informal resolution first. Before filing a formal claim, you agree to contact us at hello@overthought.gift and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. Except for claims that may be brought in small-claims court, or for injunctive relief regarding intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Union County, New Jersey or, at your option, by phone or video, or in your county of residence. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and overthought agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

30-day opt-out. You may opt out of this arbitration agreement by emailing hello@overthought.gift within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and your name and the email address associated with your account.

17. International Users

The Service is operated from the United States and is primarily directed to U.S. residents. If you access the Service from outside the United States, you are responsible for compliance with local laws and you consent to the transfer of your information to the United States and other countries where our service providers operate, as described in our Privacy Policy.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms here and update the "Last updated" date above. If required by law, we will also notify you by email or through the Service. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance.

19. Miscellaneous

These Terms, together with the Privacy Policy and Affiliate Disclosure, are the entire agreement between you and overthought regarding the Service and supersede any prior agreement. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our written consent; we may assign them freely. Nothing in these Terms creates an agency, partnership, or joint venture.

20. Contact

Questions about these Terms? Contact us at hello@overthought.gift or by mail at 26 Sherwood Dr., New Providence, NJ.

Draft notice: This document is a draft prepared for internal review. It is not legal advice. Please have a licensed attorney review and customize before launch — especially Sections 13 (Limitation of Liability) and 16 (Arbitration), which should be tailored to your state and business structure.