GIFTS AI TERMS OF SERVICE

Effective Date: 08/21/2025

Last Updated: 09/01/2025

1. ACCEPTANCE OF TERMS

Welcome to GIFTS AI. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and GIFTS AI, Inc. ("Company," "we," "us," or "our") governing your access to and use of the GIFTS AI platform, website, mobile application, and related services (collectively, the "Service"). BY ACCESSING OR USING OUR SERVICE, CREATING AN ACCOUNT, OR CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

2. SERVICE DESCRIPTION

GIFTS AI provides an AI-powered full-stack e-commerce marketplace platform. We help users discover, select, and manage gift-giving experiences through personalized recommendations, product discovery, third-party marketplace sales, and order management. Orders may be fulfilled directly by third-party brands.

AI-powered gift recommendations
Personalized gift curation
E-commerce marketplace integration
Gift management and tracking features
Social sharing capabilities
Customer support services

3. USER ACCOUNTS AND REGISTRATION

3.1 Account Creation

To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to:

Provide truthful and accurate registration information
Maintain and promptly update your account information
Keep your password confidential and secure
Be responsible for all activities under your account
Immediately notify us of any unauthorized use

3.2 Account Eligibility

Users must be at least 18 years old. Users 13-17 require parental consent; under 13 are prohibited.

3.3 Account Termination

We may suspend or terminate accounts for violations, illegal activity, or at our discretion.

4. AI SERVICE SPECIFIC TERMS

4.1 AI-Generated Content and Recommendations

AI-generated suggestions may not always be accurate or suitable. Users acknowledge outputs may sometimes be incorrect, biased, or inappropriate.

4.2 Data Processing for AI Training

Use interactions and feedback to improve algorithms
Process anonymized/aggregated data for AI training
Retain necessary data to provide and improve the Service

4.3 Prohibited AI Uses

You may not use our AI Service to:

Generate or distribute harmful, illegal, or offensive content
Attempt to reverse-engineer our AI models or algorithms
Use our Service for competitive analysis or to build competing AI systems
Input confidential or sensitive information belonging to third parties

GIFTS_AI_Prohibited_Usage_Policy

5. USER CONDUCT AND RESTRICTIONS

5.1 Acceptable Use

Lawful use only
Do not upload harmful code
No unauthorized access to systems/accounts
No automated systems without permission
Do not interfere with Service
No impersonation or false info
No harassment or threats

5.2 Content Standards

Truthful content only
Respect IP rights
No personal info of third parties without consent
Comply with privacy and consumer laws

6. CONTENT AND INTELLECTUAL PROPERTY

You retain ownership of User Content. By submitting it, you grant us a worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute content to provide and improve the Service.

6.2 AI-Generated Content

Third-Party IP Rights
GIFTS AI Proprietary Rights
Copyright Law
Trademark Law

AI outputs are provided ‘as is’ without warranties of originality, accuracy, or non-infringement.

6.3 Our Intellectual Property

Software, algorithms, trademarks, and copyrighted materials belong to GIFTS AI or licensors
No copying, modifying, distributing, derivative works, or reverse engineering without permission

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. California residents have rights under the CCPA/CPRA, including rights to know, delete, opt-out of sale/sharing, and non-discrimination. GIFTS AI discloses how it responds to Do Not Track signals as required by CalOPPA. Our Cookie & Tracking Policy supplements these Terms.

7.2 Data Security

We implement reasonable security measures, including encryption, access controls, and secure servers, to protect your data, but cannot guarantee absolute security. You acknowledge the inherent risks in electronic data transmission.

7.3 Consumer Privacy Rights

If you are a California resident, you have specific rights under the CCPA/CPRA, including the right to:

Know what personal information we collect and how it is used
Delete your personal information (subject to certain exceptions)
Opt-out of the sale or sharing of your personal information
Non-discrimination for exercising your privacy rights

8. COMMUNICATIONS AND MARKETING

8.1 Marketing Communications Consent

Marketing communications require separate opt-in consent collected during registration or account management. You may:

Opt-in to email marketing communications
Opt-in to SMS/text marketing communications
Modify preferences at any time in your account settings

8.2 TCPA Compliance

For SMS/text communications, we comply with the Telephone Consumer Protection Act (TCPA). By providing express written consent for marketing texts, you agree that we may contact you using automated dialing systems and prerecorded messages. This consent is not required for purchases. Standard carrier rates apply.

9. PAYMENT AND BILLING

Certain features of the Service may require payment of fees. All fees are stated in U.S. dollars and are non-refundable unless otherwise specified in these Terms or required by law. Payments are processed through third-party payment processors. By submitting your payment information, you authorize GIFTS AI and its processors to charge your designated payment method for applicable fees.

9. PAYMENT AND BILLING

9.1 Fees and Charges

Certain features of the Service may require payment of fees. All fees are stated in U.S. dollars and are non-refundable unless otherwise specified in these Terms or required by law.

9.2 Payment Processing

Payments are processed through third-party payment processors. By submitting your payment information, you authorize GIFTS AI and its processors to charge your designated payment method for applicable fees.

10. SHIPPING AND REFUNDS

10.1 Shipping

Products purchased through GIFTS AI are fulfilled directly by independent third-party sellers using dropship facilitators. Shipping will be carried out in accordance with the processing time indicated for each purchase at checkout. Tracking information will be provided once available. If delivery is delayed beyond the stated processing time, buyers will be notified and may cancel the order for a full refund in accordance with the FTC Mail, Internet, or Telephone Order Merchandise Rule.

10.2 Refunds

Refunds on a purchase will be provided in accordance with our Refund Policy and applicable consumer protection laws, including California law. Unless otherwise specified:

Defective or damaged items may be returned for a refund or replacement within 30 days.
Buyer’s remorse (unused items in original condition) may be returned within 30 days; the buyer is responsible for return shipping.
Refunds will be issued to the original payment method unless otherwise required by law.
Customized or perishable goods are final sale.
Digital products and services are generally non-refundable once delivered.Refund Policy

11. DISCLAIMERS AND WARRANTIES

11.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 AI Accuracy Disclaimer

WE DO NOT WARRANT THAT:

AI-GENERATED RECOMMENDATIONS WILL BE ACCURATE, COMPLETE, OR SUITABLE
THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS
AI OUTPUTS WILL BE ERROR-FREE OR RELIABLE FOR DECISION-MAKING
THE SERVICE WILL BE UNINTERRUPTED OR SECURE

12. MARKETPLACE AND THIRD-PARTY SERVICES

GIFTS AI operates a marketplace where certain products are offered for sale by independent third-party sellers. GIFTS AI does not manufacture or warehouse these products and is not the seller of record in most cases. When you purchase a product from a third-party seller, you are entering into a transaction directly with that seller. GIFTS AI facilitates the transaction and provides the platform but does not guarantee the quality, safety, legality, or fitness of third-party products. Responsibility for product descriptions, shipping, returns, and warranties rests with the seller. GIFTS AI is not a party to transactions between you and third-party sellers and does not assume responsibility for acts, omissions, product defects, or recalls relating to third-party sellers. GIFTS AI does not assume liability for acts or omissions of third-party facilitators such as payment processors, logistics providers, or shipping carriers. Applicable taxes for sale are collected as per Section 13 of this Terms of Service.

13. TAXES

Orders may be fulfilled directly by third-party brands. Applicable sales and use taxes will be calculated and collected at checkout in accordance with state and local laws. GIFTS AI, as a marketplace facilitator where required by law (including California), will calculate, collect, and remit such taxes. Sellers and buyers remain responsible for any additional tax obligations not collected by GIFTS AI.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GIFTS AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GIFTS AI and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your User Content
Your infringement of third-party rights

15. INDEMNIFICATION (continued)

Your violation of these Terms
Your violation of applicable laws
Your User Content
Your infringement of third-party rights

16. TERMINATION

16.1 Termination by You

You may terminate your account at any time by contacting customer support or using account settings.

16.2 Termination by Us

We may suspend or terminate your access immediately for:

Material breach of these Terms
Illegal activity
Extended periods of inactivity
Business reasons with appropriate notice

16.3 Effect of Termination

Upon termination:

Your right to use the Service ends immediately
We may delete your account and data (subject to legal retention requirements)
Provisions regarding liability, indemnification, and dispute resolution survive

17. DISPUTE RESOLUTION

17.1 Governing Law

These Terms are governed by the laws of California State, U.S., without regard to conflict of law principles.

17.2 Mandatory Arbitration

ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE. Claims that qualify for small claims court may be brought before such courts instead of arbitration.

17. DISPUTE RESOLUTION (continued)

17.3 Class Action Waiver

YOU AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS.

17.4 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality.

18. GENERAL PROVISIONS

18.1 Modifications

We may modify these Terms at any time by posting updated terms on our website. Continued use after changes constitutes acceptance of the new terms.

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

18.3 Assignment

You may not assign your rights under these Terms. We may assign our rights to any successor or affiliate.

18.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GIFTS AI regarding the Service.

18.5 Contact Information

For questions about these Terms, contact us at:
GIFTS AI, Inc. (a Delaware corporation)
Primary Office: 34159 Fremont Blvd, Unit #2004, Fremont, CA, 94555
Email: support@giftsai.com

19. NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

If you have a question or complaint regarding the Service, please contact us at:
Email: info@giftsai.com
Phone: 424-341-1026

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20. EXPORT CONTROLS

The Service may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export laws and will not export or re-export the Service to prohibited countries or individuals.

21. ACCESSIBILITY

We are committed to making our Service accessible to users with disabilities in accordance with applicable accessibility standards. We strive to meet WCAG 2.1 AA standards and improve accessibility over time. If you encounter accessibility barriers, please contact us at:info@giftsai.com.

22. EFFECTIVE DATE

These Terms are effective as of 08/21/2025 and supersede all prior versions.