Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of Giftyy — our mobile application, our website at giftyy.store, and any related services we operate (collectively, the “Service”). By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree, do not use the Service. We may update these Terms from time to time; continued use after changes take effect constitutes acceptance.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using Giftyy, you represent that you meet this requirement and that all information you provide is accurate.

The Service is not directed to children under 13 (or 16 in the European Economic Area). If we learn that we have collected personal information from a child, we will delete it.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at info@giftyy.store if you suspect unauthorised access.

You agree to provide accurate, current, and complete information when creating an account and to keep it updated. We may suspend or terminate accounts that violate these Terms or our policies.

4. The Giftyy Service

Giftyy is a peer-to-peer gifting marketplace. Buyers can browse products from independent vendors and the Giftyy store, send gifts to recipients (with or without knowing their shipping address), record video reactions, and manage gift occasions for friends and family. The Service includes AI-powered recommendations to help you discover suitable gifts.

We may add, modify, or remove features at any time. We try to give reasonable notice of material changes, but we are not required to do so.

5. Gifts, Orders, and Shipping

When you place an order through Giftyy, you authorise us (and, where applicable, the relevant vendor) to charge your payment method and arrange shipment of the gift to the recipient.

• Product availability: some items are sold by independent vendors. Availability, pricing, and shipping options may change without notice.
• Address-on-claim gifts: if you don't know the recipient's address, Giftyy sends them a private SMS or email link to enter it themselves. The gift only ships after the recipient claims the link.
• Unclaimed gifts: if a recipient does not claim a gift within 30 days, the order is automatically cancelled and you are refunded in full.
• Shipping restrictions: certain products cannot ship to all locations. If a vendor cannot ship to your recipient's address, we will surface the limitation at checkout.
• Risk of loss: once a package is handed to the carrier, risk transfers to the recipient. We work with carriers to resolve lost or damaged shipments — contact support for help.

6. Payments, Refunds, and Cancellations

Payments are processed by Stripe under their terms. By making a purchase, you also agree to Stripe's applicable terms. We do not store full card numbers on our servers.

Refunds and cancellations:

• You may cancel an order for a full refund any time before it ships.
• For address-on-claim gifts, full refunds are automatic if the recipient does not claim within 30 days.
• For shipped items, refund eligibility depends on the vendor's return policy, which is surfaced on the product page.
• Refunds are issued to the original payment method and may take 5–10 business days to appear depending on your bank.

Sales tax, shipping fees, and any applicable platform fees are calculated at checkout and shown before you confirm the order.

7. User Conduct

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right.
• Send harassing, threatening, defamatory, or otherwise unlawful messages or gifts.
• Impersonate another person or misrepresent your identity.
• Upload malware, exploit vulnerabilities, or attempt to access data you are not authorised to view.
• Scrape, mirror, or commercially exploit the Service without our written permission.
• Send unsolicited bulk messages, spam, or marketing communications through Giftyy.
• Use the Service to launder funds, evade sanctions, or facilitate any illegal transaction.

We may suspend or terminate accounts that violate these rules and report illegal activity to the appropriate authorities.

8. User-Generated Content

You retain ownership of the content you upload to Giftyy — including video reactions, photos, text messages, and gift hints. By uploading content, you grant Giftyy a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, modify (for formatting and delivery), and display that content for the sole purpose of operating and delivering the Service.

You are solely responsible for your content. You represent and warrant that you have the rights to upload it and that it does not infringe anyone's rights or violate any law.

We may remove content that violates these Terms or our policies, at our discretion and without notice. We do not pre-screen user content.

9. Vendors and Marketplace

Some products sold through Giftyy are offered by independent vendors. We curate vendors but do not manufacture, inspect, or warranty the products they sell. Vendor returns, exchanges, and warranty claims are handled by the vendor under their published policy, which is linked from the product page.

Giftyy may earn a marketplace fee or commission on vendor sales. This does not affect the price you pay at checkout, which always includes the displayed amount plus disclosed taxes and shipping.

10. Intellectual Property

Giftyy, the Giftyy logo, the Giftyy mascot, and all related branding, copy, design, and software are the property of Giftyy or its licensors and are protected by intellectual-property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

We respect the intellectual property of others. If you believe content on the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act (DMCA) to info@giftyy.store including: (i) your contact info, (ii) a description of the work, (iii) the location of the infringing material, (iv) a good-faith statement, and (v) an electronic signature.

11. Third-Party Services

The Service relies on third parties for payment processing, hosting, SMS, email, push notifications, and error reporting. Your use of those services through Giftyy is also subject to their respective terms. We are not responsible for outages, errors, or content originating from third-party services.

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, GIFTYY DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that AI-generated gift recommendations will meet your expectations, that gifts will arrive by any specific date, or that the Service will be uninterrupted or error-free. Always confirm critical shipping deadlines with the carrier.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTYY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID GIFTYY IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (ii) $100 USD.

14. Indemnification

You agree to indemnify and hold harmless Giftyy and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your content, or your violation of these Terms or any law or third-party right.

15. Termination

You may stop using the Service at any time. You can request account deletion at giftyy.store/delete-account or by emailing info@giftyy.store.

We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms, if your continued use poses a risk to other users or to Giftyy, or if required by law. Provisions that by their nature should survive (e.g. payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution) will survive termination.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and you and Giftyy consent to personal jurisdiction in those courts.

You and Giftyy each waive the right to a jury trial. To the fullest extent permitted by law, you may bring claims only on an individual basis and not as part of a class, consolidated, or representative action.

17. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date below. For material changes, we will also notify you in-app or via email at least 14 days before the changes take effect. Your continued use of the Service after that date constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms? Reach out at:

info@giftyy.store