Terms of Use Policy

Effective Date: September 23, 2024

Welcome to Giftsy! By using our services, you agree to be bound by these Terms of Use (the “Terms”), which constitute a legally binding agreement between you (the “User”) and Giftsy (“we,” “our,” or “us”). Please read these Terms carefully before using our website, app, or services.

1. Acceptance of Terms

By accessing or using Giftsy, you agree to comply with and be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, please do not use Giftsy.

2. Changes to the Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated effective date. Your continued use of Giftsy after such changes constitutes acceptance of the revised Terms.

3. Use of Giftsy

You are granted a limited, non-exclusive, and non-transferable license to use Giftsy solely for personal, non-commercial purposes. You agree to use the app and website in accordance with these Terms and for lawful purposes only.

- Account Creation: To access certain features, you may be required to create an account. You agree to provide accurate, complete information and to update it as necessary.

- Security: You are responsible for maintaining the confidentiality of your account and password. Giftsy is not liable for any unauthorized access to your account.

- Prohibited Activities: You agree not to:

  - Misuse the platform or engage in any illegal activity

  - Use Giftsy for commercial purposes without authorization

  - Attempt to disrupt, damage, or hack the platform

  - Infringe on the intellectual property rights of Giftsy or other users

4. User-Provided Content

When you provide information about gift recipients (e.g., names, interests, preferences), you represent and warrant that you have the right to share this information. You must not upload any harmful, illegal, or offensive content.

Giftsy is not responsible for any inaccuracies or consequences that arise from the information you provide.

5. Intellectual Property

All content, software, trademarks, logos, and intellectual property available through Giftsy are the property of Giftsy or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use any intellectual property without our prior written consent.

You are granted no rights to use any of Giftsy’s intellectual property for any purpose other than the permitted use of our services.

6. Affiliate Links and Third-Party Partners

Giftsy may contain links to third-party websites or affiliate programs. By clicking on these links and making a purchase, you may be redirected to an external website. Giftsy is not responsible for any third-party content, products, or services and is not liable for any damages resulting from interactions with third-party websites.

7. Disclaimer of Warranties

Giftsy is provided on an “as is” and “as available” basis. We do not guarantee the accuracy or reliability of the gift recommendations provided by our AI, and we make no warranties, expressed or implied, regarding the operation of the app, including, but not limited to:

- The accuracy, completeness, or usefulness of gift suggestions

- The security or availability of the service

- The suitability of recommendations for any particular purpose

You use Giftsy at your own risk, and we disclaim all liability for any damages that may arise from using the service.

8.. Limitation of Liability

In no event shall Giftsy its affiliates, directors, officers, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, profits, or other intangible losses arising from:

- Your use or inability to use the service

- Unauthorized access to or alteration of your data

- Any other matter relating to the use of Giftsy

Our total liability for any claim arising from your use of Giftsy is limited to the amount paid by you for the service, if applicable, or $100 USD, whichever is less.

9. Termination of Use

We reserve the right, at our sole discretion, to terminate or suspend your account and access to Giftsy without notice if we determine that you have violated these Terms, engaged in fraudulent activity, or acted in a way that harms the interests of Giftsy or its users.

10. User Rights and Data Deletion

Users may request the deletion of their accounts and personal data by contacting us at [Insert Contact Information]. Please refer to our [Privacy Policy] for details on data handling and user rights.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in [Your County], Florida.

12. Dispute Resolution

Any disputes or claims related to your use of Giftsy shall be resolved through binding arbitration, in accordance with the rules of the American Arbitration Association. By using Giftsy, you waive your right to a trial by jury or to participate in any class action.

13. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

- Email: hello@giftsy.ai

- Phone: 407-421-9529

- Mailing Address:  TBD