Terms of Service

These Terms of Service ("Terms") govern your access to and use of the GiftSync website, applications, and services (collectively, the "Services"). Please read these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms

By accessing or using our Services, you represent that you are at least 16 years old and are legally capable of entering into a binding contract. If you are using the Services on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

2. Changes to Terms or Services

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or through other communications. Your continued use of the Services after any changes indicates your acceptance of the modified Terms.

We may change or discontinue all or any part of our Services, at any time and without notice, at our sole discretion.

3. Privacy

Please refer to our Privacy Policy for information about how we collect, use, and share your information. By using our Services, you agree to our collection, use, and sharing of your information as described in our Privacy Policy.

4. Account Registration and Security

You may need to create an account to use some of our Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date. We reserve the right to suspend or terminate your account if any information you provide is inaccurate, misleading, or incomplete.

5. User Content

Our Services may allow you to store, share, or otherwise make available certain information, text, graphics, videos, or other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content.

By making any User Content available through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed.

You represent and warrant that:

• You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant the rights to User Content as contemplated under these Terms;
• Neither the User Content nor your submission, uploading, publishing, or otherwise making available such User Content, nor our use of the User Content as permitted herein, will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We are not responsible or liable for the content, accuracy, or reliability of any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content.

6. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights;
• Submit, upload, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt the Services or servers or networks connected to the Services;
• Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services;
• Collect or store personal data about other users without their express consent;
• Engage in any automated use of the Services, such as using scripts to send messages or posts;
• Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
• Upload invalid data, viruses, worms, or other software agents through the Services;
• Use the Services for any commercial purpose without our prior written consent.

We reserve the right to terminate or suspend your access to all or part of the Services, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason at our sole discretion.

7. Intellectual Property

The Services and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of GiftSync and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. Copyright Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Your contact information, including your address, telephone number, and an email address;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or any third party.

9. Links to Third-Party Websites or Services

Our Services may contain links to third-party websites or services that are not owned or controlled by GiftSync. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that GiftSync shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Termination

We may terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties

THE SERVICES ARE 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

GIFTSYNC AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIFTSYNC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIFTSYNC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

13. Indemnification

You agree to defend, indemnify, and hold harmless GiftSync, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware for the resolution of any dispute relating to these Terms or the Services.

15. Arbitration

For any dispute you have with GiftSync, you agree to first contact us and attempt to resolve the dispute informally. If GiftSync has not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms through binding arbitration.

The arbitration will be conducted by a single neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You understand that, absent this provision, you would have had a right to litigate a dispute through a court and to have a judge or jury decide your case. You also understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

16. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

17. Entire Agreement

These Terms constitute the entire agreement between you and GiftSync regarding the use of the Services, superseding any prior agreements between you and GiftSync relating to your use of the Services.

18. Waiver and Severability

The failure of GiftSync to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

19. Contact Information

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

GiftSync
Email: [email protected]

Last Updated: April 23, 2025