GiftPal Terms of Use

Last Updated: March 20, 2024

Introduction

Welcome to GiftPal! These Terms of Use govern your use of the GiftPal app, owned by GiftPal, Inc. By accessing or using our app, you agree to be bound by these terms.


Use of Service

GiftPal provides a service that allows you to keep track of important holidays and occasions for all of your close contacts, and then find gifts that are sure to delight. Users must:

  • Register with accurate and complete information.

  • Use the app only for personal, non-commercial purposes.

  • Comply with all applicable laws and regulations.

Eligibility

GiftPal is not intended for use by those under 13 years of age. Those under 13 years of age are prohibited from using GiftPal and their accounts will be terminated.


Account Responsibility

Users are responsible for maintaining the confidentiality of their account information and are liable for all activities under their account.

Intellectual Property

All content on GiftPal, including text, graphics, logos, and software, is the property of GiftPal, Inc. and is protected by copyright and intellectual property laws.


User Conduct

Users must not:

  • Use the app for any illegal or unauthorized purpose.

  • Use the app to copy, reverse engineer, alter, or impact the code or performance of the app and its services.

  • Engage in behavior that is fraudulent, defamatory, abusive, or infringes others’ rights.

Purchases and Payments

GiftPal may offer in-app purchases. Users agree to:

  • Pay the agreed prices for purchased items.

  • Provide accurate and lawful payment information.

  • Be bound by the terms related to refunds, cancellations, or other conditions stated in the course of transacting

Third-Party Links and Services

The app may contain links to third-party websites or services. GiftPal is not responsible for the content or practices of these external sites.

Termination

GiftPal reserves the right to terminate your account or restrict access to the app for violations of these terms.

Liability and Indemnification

You agree to indemnify, defend, and hold harmless GiftPal, Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, charges, damages, losses, costs, and expenses, including attorney's fees, arising from or related to your use of the app, your violation of these Terms of Use, or your violation of the rights of any third party. GiftPal, Inc. will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the app; (ii) any conduct or content of any third party on the app; (iii) any content obtained from the app; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not GiftPal, Inc. has been informed of the possibility of such damage.

Dispute Resolution

Any disputes arising out of or related to these Terms of Use or your use of the app will be governed by and construed in accordance with the laws of the United States and the State in which GiftPal, Inc. is headquartered, without regard to its conflict of law provisions. Before filing a claim against GiftPal, Inc., you agree to try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or GiftPal, Inc. may bring a formal proceeding. You and GiftPal, Inc. agree to resolve any claims relating to these Terms or the app through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. Any arbitration will be conducted by the American Arbitration Association (AAA) under its rules and guidelines. The arbitration will be held in the State where GiftPal, Inc. is headquartered, or any other location we agree to."

Governing Law

"These Terms of Use and your use of the app will be governed by and construed in accordance with the laws of the State where GiftPal, Inc. is headquartered, without regard to its conflict of law provisions. You agree that the courts of this State will have exclusive jurisdiction over any legal claim or dispute relating to these Terms of Use or the app, except as otherwise agreed by the parties or as described in the Arbitration Agreement above."

Changes to Terms

GiftPal may modify these terms at any time. Your continued use of the app after changes indicates your acceptance of the new terms.

Contact Information

For any questions or concerns regarding these terms, please contact us at privacy@giftpal.com.