These Terms of Service (“Terms”) govern your use of our website https://thegiftlistapp.com (the “Site”) and our iOS application Christmas List: Gift List (the “App”) (together, the “Services”). Please read them carefully.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
1. Eligibility
You may use the Services only if you are at least 13 years old (or the minimum age of digital consent in your jurisdiction) and capable of forming a binding contract with us. If you use the Services on behalf of another person or entity, you represent that you are authorized to do so and that you agree to these Terms on their behalf.
2. Description of the Services
Christmas List: Gift List is an AI-powered assistant that helps you discover gift ideas by analyzing the descriptions and preferences you provide. The Services are provided for personal, non-commercial use, unless we expressly agree otherwise in writing.
We may modify, update, or discontinue any part of the Services at any time, with or without notice, and we will not be liable for any changes or interruptions.
3. Your responsibilities
When using the Services, you agree that you will not:
- Violate any applicable law, regulation, or third-party right.
- Use the Services for any unlawful, harmful, fraudulent, or abusive purpose.
- Attempt to interfere with or disrupt the integrity, performance, or security of the Services.
- Reverse engineer, decompile, or attempt to derive the source code of any part of the Services.
- Upload or transmit content that is illegal, harmful, abusive, harassing, defamatory, obscene, or otherwise objectionable.
4. Accounts and security
Access to the App is provided through your Apple ID and the App Store. You are responsible for maintaining the security of your device and your App Store account, and for all activity that occurs under your account. We are not responsible for any loss or damage arising from unauthorized access to your account that is beyond our reasonable control.
5. Subscriptions and payments
Certain features of the App may be offered on a paid subscription basis. All purchases and subscriptions are processed by Apple via the App Store, and are subject to the App Store’s terms and conditions and payment policies.
We do not directly process your payment information. Information regarding pricing, billing cycles, free trials, cancellations, and refunds is managed by Apple. Please review your App Store account settings to manage your subscription.
6. Intellectual property
The Services, including all text, graphics, logos, icons, images, software, and other content, are owned by us or our licensors and are protected by intellectual property laws. Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, or lease any part of the Services or included content without our prior written consent.
You retain ownership of the content you enter into the App, but you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display that content solely for the purpose of operating and improving the Services.
7. AI-generated content
The App uses artificial intelligence technologies to generate suggested gift ideas. AI-generated content may not always be accurate, complete, or appropriate for every situation.
- AI-generated suggestions are provided for informational and entertainment purposes only.
- You are solely responsible for how you use the suggestions and for any purchasing decisions you make.
- We do not guarantee that any suggested product will be available, suitable, or satisfactory to the recipient.
8. Third-party links and services
The Services may include links to third-party websites, stores, or services. These are provided for convenience only. We do not endorse or control, and are not responsible for, the content, products, or services of any third-party websites or services.
9. Disclaimer of warranties
The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that any AI-generated content will be accurate or reliable.
10. Limitation of liability
To the maximum extent permitted by law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of (or inability to use) the Services;
- Any conduct or content of any third party;
- Any content obtained from the Services, including AI-generated suggestions; or
- Unauthorized access, use, or alteration of your transmissions or content.
Our total liability for any claim relating to the Services will be limited to the amount you paid for the Services (if any) in the twelve (12) months preceding the claim, or the minimum amount permitted by law if greater.
11. Indemnification
You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any rights of another person or entity.
12. Governing law
These Terms and any dispute arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of the jurisdiction in which we are established, without regard to its conflict of law rules.
13. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice, including if we reasonably believe that you have violated these Terms or are using the Services in a way that could cause us legal liability or disrupt others’ use of the Services.
Upon termination, your right to use the Services will immediately cease. Sections of these Terms which by their nature should survive termination (including, without limitation, intellectual property, disclaimers, limitations of liability, and indemnification) will survive.
14. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Your continued use of the Services after any changes indicates your acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Services.
15. Contact us
If you have any questions about these Terms, please contact us at:
Email: support@thegiftlistapp.com