Terms of Service

1. Acceptance of Terms

Welcome to Giftpik. These Terms of Service ("Terms") govern your access to and use of the Giftpik mobile application ("App," "Service," or "Giftpik"). By accessing or using Giftpik, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Service.

2. Eligibility

You must be at least 13 years old to use Giftpik. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are using Giftpik on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

To use certain features of Giftpik, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Take responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. License and Usage Rights

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use Giftpik for your personal, non-commercial use.

4.2 Restrictions

You agree NOT to:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or modify any copyright or proprietary notices
• Use the App for any illegal or unauthorized purpose
• Interfere with or disrupt the App's servers or networks
• Attempt to gain unauthorized access to any part of the Service
• Use automated scripts or bots to access the Service
• Resell, rent, or lease access to the App

5. Premium Subscriptions

5.1 Subscription Plans

Giftpik offers optional premium subscription plans that provide access to additional features. Subscription details, including pricing and features, are available in the App.

5.2 Billing and Payment

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Payment will be charged to your Apple App Store or Google Play Store account
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• You can manage or cancel subscriptions through your app store account settings

5.3 Refund Policy

All purchases are subject to the refund policies of the Apple App Store or Google Play Store. We do not provide refunds directly. To request a refund, please contact Apple or Google support.

5.4 Changes to Pricing

We may change subscription pricing at any time. Changes will not affect existing subscriptions until renewal. We will notify you of price changes in advance.

6. User Content

6.1 Your Content

You retain all rights to the content you create or upload to Giftpik, including contact information, gift ideas, photos, and notes ("User Content").

6.2 License to Your Content

By uploading User Content, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Service to you.

6.3 Content Responsibility

You are solely responsible for your User Content. You agree that your content will not:

• Violate any laws or regulations
• Infringe on intellectual property rights of others
• Contain viruses, malware, or harmful code
• Contain illegal, offensive, or harmful material

7. Intellectual Property

Giftpik and all related content, features, and functionality are owned by us and are protected by copyright, trademark, and other intellectual property laws.

Our trademarks and trade dress may not be used without our prior written permission. All other trademarks appearing in the App are the property of their respective owners.

8. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

By using Giftpik, you consent to our collection and use of your information as described in the Privacy Policy.

9. Third-Party Services

Giftpik may integrate with or contain links to third-party services, websites, or resources. We are not responsible for:

• The availability or accuracy of third-party services
• The content, products, or services of third parties
• Third-party privacy practices or terms of service

Your use of third-party services is at your own risk and subject to their terms and conditions.

10. Disclaimers and Limitations of Liability

10.1 "AS IS" Basis

GIFTPIK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 No Guarantee

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Any defects will be corrected
• Reminders and notifications will always be delivered

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Giftpik, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any rights of another party

12. Termination

12.1 By You

You may terminate your account at any time by deleting your account through the App settings or by contacting us at support@giftpik.app.

12.2 By Us

We may suspend or terminate your access to the Service at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended periods of inactivity
• Any other reason at our sole discretion

12.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and User Content
• Subscriptions will be canceled (no refunds)
• Sections of these Terms that should survive will remain in effect

13. Changes to the Service

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service
• Add or remove features at any time
• Update the App with new versions

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

14. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email or in-app notification for material changes
• Provide you an opportunity to review changes before they take effect

Your continued use of Giftpik after changes become effective constitutes acceptance of the updated Terms.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@giftpik.app to attempt to resolve the dispute informally.

15.2 Arbitration

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except where prohibited by law.

15.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Giftpik operates, without regard to its conflict of law provisions.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Giftpik regarding the Service and supersede any prior agreements.

19. Contact Information

If you have questions about these Terms, please contact us: