Terms & Conditions / EULA

Terms & Conditions

Effective Date: 8/1/24

1. Introduction

Welcome to Gift Giver! These Terms & Conditions ("Terms") govern your use of our mobile application ("App") and our website ("Site") (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms.

2. Use of Services

Eligibility: You must be at least 18 years old to use our Services. By using our Services, you represent that you meet this age requirement.

Account Creation: To access certain features of the App, you must create an account. You agree to provide accurate and complete information during the registration process and to update such information as needed.

3. In-App Purchases

Gift of Gab: The App offers in-app purchases for a service called "Gift of Gab," where our team will personally select 3-5 gift ideas and email them to you within a specified period of time. By making an in-app purchase, you agree to pay the specified price for the service.

No Refunds or Credits: All purchases of the Gift of Gab service are final and non-refundable. We will make every reasonable best effort to address and rectify any negative customer experiences, but refunds or credits will not be provided.

4. Affiliate Marketing and Pricing Disclaimer

Some of the gift ideas recommended through our Services may include affiliate marketing links. This means that if you click on an affiliate link and make a purchase, we may earn a commission. We are not responsible for the quality, accuracy, or reliability of any products or services provided by third-party sites linked through our affiliate marketing program. You will not pay a higher cost for using these links, and they purely exist to help us monetize our platform.

The prices listed alongside gift details are approximate estimates and are not updated in real-time. Consequently, these prices may differ from the actual prices offered by the seller. While we endeavor to periodically update and verify the accuracy of these links, we do not warrant or guarantee that the prices displayed will correspond to the current prices at the time of purchase.

5. Intellectual Property

All content included in the Services, such as text, graphics, logos, images, and software, is the property of Gift Giver or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

6. User Conduct

You agree not to use our Services for any unlawful or prohibited activities, including but not limited to:

  • Harassing, abusing, or harming other users

  • Posting or transmitting any fraudulent, misleading, or deceptive content

  • Violating any applicable laws or regulations

7. Termination

We reserve the right to suspend or terminate your account and access to our Services at our sole discretion, without notice or liability, for any reason, including if we believe you have violated these Terms.

8. Disclaimer of Warranties

Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

9. Limitation of Liability

To the fullest extent permitted by law, Gift Giver and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses, resulting from your use of or inability to use our Services.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in the State of New York, United States for the resolution of any disputes arising out of or relating to these Terms or your use of our Services.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our Site and updating the effective date at the top of this page. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

12. Contact Us

If you have any questions about these Terms, please contact ryan@giftgiver.org.

End User License Agreement (EULA)

1. License Grant

Subject to your compliance with these Terms, Gift Giver grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Gift Giver mobile application ("App") on your personal device solely for your personal, non-commercial use.

2. Restrictions

You agree not to:

  • Copy, modify, or create derivative works of the App or any part thereof;

  • Reverse engineer, decompile, or disassemble the App, except to the extent permitted by applicable law;

  • Rent, lease, lend, sell, redistribute, or sublicense the App;

  • Use the App for any commercial purpose or for the benefit of any third party;

  • Remove any proprietary notices or labels on the App;

  • Use the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App or that could damage, disable, overburden, or impair the functioning of the App in any manner.

3. Ownership

The App and all rights, title, and interest therein, including all intellectual property rights, are and will remain the exclusive property of Gift Giver and its licensors. You do not acquire any ownership rights in the App as a result of downloading, installing, or using the App.

4. Updates and Changes

Gift Giver may from time to time provide updates, upgrades, or other modifications to the App ("Updates"). You agree that Gift Giver has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the App. If Updates are provided, they will be deemed part of the App and subject to this EULA.

5. Termination

This EULA is effective until terminated by you or Gift Giver. Your rights under this EULA will terminate automatically without notice from Gift Giver if you fail to comply with any term(s) of this EULA. Upon termination, you must cease all use of the App and delete all copies of the App from your device.

6. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Gift Giver does not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components.

7. Limitation of Liability

To the fullest extent permitted by law, in no event shall Gift Giver, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses, arising out of or relating to your use or inability to use the App.

8. Governing Law

This EULA is governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in the State of New York, United States for the resolution of any disputes arising out of or relating to this EULA or your use of the App.

9. Contact Us

If you have any questions about this EULA, please contact ryan@giftgiver.org.